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•1 II t 
HISTORY 

OF THE 

INSURRECTIONS 

MASSACHUSETTS. x 

IN THE YEAR SEVENTEEN HUNDRED AND EIGHTY SIX. 
AXD THE 

REBELLION 

CONSEQUENT THEREON. 

O 

BY GEORGE RICHARDS MINOT, A.!^ C 

BOSTON : V -^^ 

PUBLISHED BY JAMES W. BURDITT & CO. \ %*^-^ 

Franklin^ s Heuil. ...Court Street. \ -^^ 

J. BELCHER, rUINTER. % C^ 

1810. ^ 



,.i\ M» 









X. 



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PREFACE. 



However disagreeable it may be to 
rei'iew the troubles of our country, every patriot 
will look upon it as his duty, not to let them pass 
-ivithout notice. The period of misfortune is the 
most fruitful source of instruction. By investi- 
gating the causes of national commotions , by tracing 
their progress, and by carefully marking the means 
through which they are brought to a conclusion, 
7vell established principles may be deduced, for pre- 
seiinng the future tranquillity of the Commoii- 
wealth. No person, therefore, will consider it as 
an unnecessary renewal of painful ideas, or as a 
wanton publication of transactions, which some may 
wish, what indeed is impossible, to bury in oblivion, 
when we candidly and respectfully look into the 
late insurrections. By such a research many mis- 
conceived ideas, tending to the discredit of the 
country, maybe removed; and the publick repu- 
tation vindicated ; as the causes which led to the 
late national difficulties, when rightly understood^ 
operate as an apology for them ; and the manner 
in which these difficulties xvere suppressed, does 



IV 



honour to the government, and displays the strong- 
est marks of rejiection and xvisdom in the people. 

The present time is thought the most suitable for 
the following history^ because the materials are 
most easily collected, and any etrors xvhich may 
take place most readily ascertained, whilst the evetits 
are recent. In some countries, strong reasons might 
operate, for leaving it to posterity to discover facts, 
under the disadvantages of distance of time, and the 
false impressions, perhaps, of imperfect tradition : 
But, from the happy condition of our country, this 
duty may be performed at an earlier, and more fa- 
vourable season. The spirit of party has yielded to 
systems of conciliation ; freedom of inquiry, and the 
privilege of forming opinions for ourselves, are un- 
restricted ; and whilst we preserve decency of ex- 
pression, there is neither a disposition in our magis- 
trates, nor any authority known in our laws, to 
silence or control the language of truth. 

BOSTON, irss. 



HISTORY 



INSURRECTIONS, &( 



PART I. 



IN order to judge rightly of the causes 
which led to the insurrections in Massachusetts, 
in the year 1786, and the unfortunate rebellion 
which ensued, it will be necessary to take a view 
of the situation of that Commonwealth at the close 
of the war. The citizens were then left free in- 
deed, and in full possession of the valuable objects 
w hich they had fought to obtain. But the price 
of those objects was high, and could not but be 
attended with the usual consequences of great ex- 
ertions, when founded on the anticipation of pub- 
lick resources. Their private state debt, when 
consolidated, amounted to upwards 1,300,000/. 
besides 250,000/. due to the officers and soldiers 
of their line of the army. Their proportion of 
the federal debt, was not less, by a moderate com- 
putation, than one million and an half of the same 
money. And, in addition to this, every town 
was embarrassed, by advances ^vhich they had 



made, to comply with repeated requisitions for 
men, and supplies to support the army, and which 
had been done upon their own particular credit. 
The weight of this burden must strike us in a 
strong point of view, if we compare it with the 
debt before the war, which fell short of 100,000/. 
and with still more force, perhaps, if we consider, 
that by the customary mode of taxation, one third 
part of the whole was to be paid by the rateable 
polls alone, which but little exceeded ninety thou- 
sand. True it is, that a recollection of the bless- 
ings which this .debt had purchased, must have 
operated, in the minds of a magnanimous people, 
to alleviate every inconvenience arising from such 
a cause ; but embarrassments followed which no 
considerations of that nature could be expected to 
obviate. 

Upon the right management then, of the pub- 
lick debt, the future tranquillity of the Common- 
wealth greatly depended : And it was a melan- 
choly circumstance, that various causes existed to 
pcevent a fair experiment of the abilities of the 
people to discharge it. They had been laudably 
employed, during the nine years in which this 
debt had been accumulating, in the defence of 
their liberties ; but, though their contest had in- 
structed them in the nobler science of the ris:hts 
of mankind, yet it gave them no proportionable 



insight into the iiiazcs of finance. Their honest 
prejudices were averse I'rom duties of impost and 
excise, uhich w ere, at that time, supposed to be 
antirepublican by many judicious and influential 
characters. These measures, therefore, could he 
adopted, at first, but partially, and to small eftect. 
The necessary lurangements at the treasury were 
wanting-. The paper currency was failing, and, 
though from the great and complete exertions of 
Massachusetts to redeem her proportion of the 
continental bills of credit, their decay must have 
aftected her faith as little as that of any state in 
the union, yet consequences of this expiring me- 
dium could not be imfelt. Under so many dis- 
couraging circumstances, it was not, perhaps, 
within the compass of human power, to rescue 
the publick credit, on which the means of happi- 
ness in every community so essentially depend. 

Such disposition of this debt, however, was 
made as the situation of tilings ^\■ould admit. 
Compliance was at length had with the resolution 
of Congress, for laying an impost duty of five per 
centum, for the purpose of paying the foreign 
debt ; and an impost and excise was adopted for 
discharging the interest of the debt of the Com- 
monwealth. But these measures could reduce 
the tax upon polls and estates, at that time, in a 
small degree only. The former expedient could 



8 

not come into effect till the other states had a- 
doptecl it ; and the produce of the latter was not 
equal to its appropriation. Much of the burden 
was, therefore, left to the old mode of taxation, 
annually reminding the people of a pressure, which 
the change of their manners by the war had made 
them less able to bear. 

With these embarrassments one would suppose, 
that the highest object which could have been 
aimed at, would have been to provide for the 
punctual payment of the interest of the national 
debt. Yet either the impatience of the people at 
paying interest money, which was compared to a 
canker worm that consumed their substance with- 
out lessening their burdens, or some other cause, 
induced the legislature, so early as the year 1784, to 
issue ataxtof 140,000/. for redeeming that amount 
of the army debt ; and in two years afterwards 
100,000/. more was assessed for the same purpose. 
The payment of the extant taxes was soon found 
to be much in arrear, notwithstanding the depre- 
ciation of the certificates which were made receiv- 
able for them ; and, after strict scrutiny into the 
conduct of publick officers employed in the col- 
lection, the delinquency was perceived to be in 
a great degree, with the people themselves, from 
imavoidable causes. 



The consequences of the publlck. debt did not 
first appear among- the citizens at large. The 
bulk of mankind are too much engaged in pri- 
vate concerns to anticipate the operation of na- 
tional causes. But the members of the legisla- 
ture, possessed of information, and led by the du- 
ties of their oflice to attend to this debt, were 
early thrown into dixisions from the prospect of 
the burdens which it presented. The men of 
landed interest soon began to speak plainly against 
trade, as the source of luxury, and the cause of 
losing the circulating medium. The vices and 
indolence of the people were ascribed to its in- 
strunicntalit}-. This \\'as urged as a reason that 
the taxes should be thrown liberally upon com- 
merce, since, if it supported them, the Common- 
wealth would be eased ; and if it failed under the 
weight, they would be rid of so great a cause of 
political e\'il. From such sentiments the preju- 
dices against impost and excise duties began to 
give way, and systems were proposed, upon tb.e 
opposite extreme, for raising the whole revenue of 
go^ernment by this now favourite mode of tax- 
ation. Commercial men, on the other hand, de- 
fended themselves by insisting that the fault was 
only in the regulations which the trade happened 
to be imder. To destroy commerce would not 
lessen the multitude of evils ascribed to its means; 
these would be introduced through the channel 



10 

of neighbouring states, and the reasonable advan- 
tages which might be derived from it, would be 
thrown into their hands. Trade and agriculture, 
they said were mutually beneficial to each other, 
and ought to be equally partners in supporting 
the publick burden. 

A distinction of interests, on which the ap- 
portionment of the national debt might so much 
depend, when once established, was not after- 
wards suffered to subside. It led to a division 
upon all questions of taxation, and even upon 
other subjects where it was supposed the strength 
of these parties could be tried. When favourite 
points were lost in these divisions, it gave a dis- 
gust to members in the minority, which was ex- 
tended to other measures, and, in some instances, 
no doubt, biassed their opinions, and misguided 
their influence, in the sphere of domestick life. 

It must be reckoned among the misfortunes of 
the Commonwealth, that, when so great burdens 
were to be apportioned upon the people, the rule 
in use should be liable to the objections of all par- 
ties, from the uncertainty of reducing it into equal 
practice. Where a duty is enjoined, with which 
compliance is made, at best, with reluctance, if 
the least i^rounds are afforded for the mind to sus- 
pect injustice or mistake, it produces positive dis- 



11 

obedience. The share of puljlick rcquisilions 
.should be affixed to property, by a know n iiii- 
ehanpjini^;, and if possible, a proportionate standard. 
It then l)econKs involved in die value of the prop- 
ertv, and that \aluc is not idterwards subject to 
jfluetuate from principles of taxation. The pos- 
sessor is nc\ er surprised \\\ih a \v(:ii2;ht of taxes 
beyond his calculation, nor exempted from liis due 
proportion at the expense of his neighbours. But, 
w hether such a rule can be unaltcrabl}- established 
in a young country, uherc new property is daily 
rising into view, and the old changing in its value, 
it may be difficult to determine. Certain it is, 
however, that, in forming a valuation in the } ear 
1785, great, though not unusual, difficulties arose. 
Among odier counties, those of Hampshire and 
Berkshire were said, by their members, to have 
been valued too high ; and some discontent must 
])e attributed to this real or supposed error. 

The usual consequences of war, ^\■ere conspicu- 
ous upon the habits of the people of Massachusetts. 
Those of the maritime towns relapsed into the 
voluptuousness which arises from the precarious 
wealth of naval adventurers. An emulation pre- 
vailed among men of fortune, to exceed each oth- 
er in the full display of their riches. This was 
imitated among the less opulent classes of citizens, 
and drew them oft' from those principles of dill 



12 

gencc and economy, which constitute the best sup- 
port of all governments, and particularly of the 
republican — Besides which, what was most to be 
lamented, the discipline and manners of the ar- 
my had vitiated the taste, and relaxed the in- 
dustry of the yeomen. In this disposition of the 
people to indulge the use of luxuries, and in the 
exhausted state of the country, the merchants saw 
a market for foreign manufactures. The political 
character of America standing in a respectable 
view abroad, gave a confidence and credit to indi- 
vidual citizens heretofore unknown. This credit 
Avas improved, and goods were imported to a 
much greater amount, than could be consumed, 
or paid for. The evils of this excess of importa- 
tion were greatly aggravated, by the decayed 
condition of the commerce, and the little atten- 
tion which had been paid during the war, to rais- 
ing of articles for exports. The fisheries, which 
may be called the n^nes of Massachusetts, had 
been neglected, or but feebly improved, from the 
Avant of shipping and other causes. The whale 
fishery, which from trifling beginnings in the year 
1701, at length brought into the late Provinces, no 
less a sum than 167,000/. sterling, annually, through 
the island of Nantucket alone, and which employ- 
ed 150 sail of vessels, with near 2500 seamen, was, 
at the opening of the peace, reduced to be the ob- 
ject of nineteen sail only. A great, if not a pro- 



13 

jiortionablc dlniinulion, ^\•as visible in otiicr aili- 
clcs of exportation. In addition to this, what few 
could be obtained, were rendered almost useless, 
by one of the severest efiects of the revolution — 
the loss of many markets to w hich Americans had 
formerly resorted with their produce. Thus was 
the usual means of remittance by articles of the 
growth of the country, almost annihilated, and 
little else than specie remained, to answer tiic de- 
mands incurred by importations. The money, of 
course, was drawn off; and this being inadequate 
to the purpose of discharging the whole amount 
of foreign contracts, the residue was chiefly sunk 
by the bankruptcies of the importers. The scarc- 
ity of specie, arising principally from this cause, 
was attended with evident consequences ; it 
checked commercial intercourse throughout the 
community, and furnished reluctant debtors with 
an apology for withholding their dues both from 
individuals and the publick. 

Another effect of the Mar which ^vas exceeding- 
ly operative in the commotions that took place 
in Massachusetts, if it may not be called their 
primaiy cause, was the accumulation of private 
debts. The confusion of the times had excused 
or prevented most persons from discharging their 
contracts. Some indeed availed themselves of an 
advantage, which the laws of the countr}-, for a 



14 

lon^ time put into their hands, and paid their 
creditors in a depreciated currency ; and some 
might have discharged their obligations in a more 
honourable manner : But great part of the com- 
munity were yet loaded with ancient debts, made 
still more burdensome from an increase of interest. 
Private contracts were first made to give place to 
the payment of publick taxes, from an idea that the 
scarcity of specie did not admit of the payment 
of both. The former therefore, were made pay- 
able in other property than money, by an act of 
the 3rd of July, 1782, commonly known by the 
name of the Tender Act. By this it was pro- 
vided that executions issued for private demands 
might be satisfied by neat cattle and other arti- 
cles particularly enumerated, at an appraisement 
of impartial men under oath. This act was ob- 
noxious both to constitutional and equitable ob- 
jections ; but the necessity of the case overruled 
them all in the opinion of a majority in the gov- 
ernment. The operation of the act was not al- 
together coincident with the ideas of its patrons. 
Its chief efi'ect was to suspend lawsuits, which, by 
delaying, only strengthened and enlarged the evil 
when the year's existence of the law expired. But 
there was a circumstance which sprung out of this 
measure, infinitely more detrimental than any 
burden that it was intended to remove. It was 
the first signal for hostilities between creditors and 



15 

debtors, betwixt the rich and the poor, between 
the few and the many. It was by this act that 
the citizens of Massachusetts, experienced, that 
retrospective laws were not a violation of their 
boasted constitution, in the opinion of their legis- 
lature ; and the multitude of debtors first felt from 
it, at an hour when their perplexities might lead 
them to an undue use of any advantage, that their 
creditors were under their control. Their prin- 
ciple rapidly increased, and pretences sprung out 
of it, in many instances, for stopping the execu- 
tion of law in private cases, and, at length, for the 
bolder attack upon the courts themselves. 

It must be acknowledged that the time when 
this law made its appearance, was critical. In- 
surrections had happened in the county of Hamp- 
shire, for the purpose of opposing both the Su- 
preme Judicial Court, and the Court of Com- 
mon Pleas at Northampton, in the month of April 
preceding ; a circumstance which seemed to op- 
erate both against and in favour of the act. On 
the one hand, the motions of the people were con- 
sidered as evidence of their being oppressed, and 
demonstrated the necessity of alleviating measures : 
On the other, there was great danger of sacrific- 
ing to the complaints of a faction, what should 
be yielded only to the unquestionable voice of the 



16 

community. Whenever discontent becomes the 
only condition of indulgence among any people, 
they cannot be happy, and, least of all, a people 
situated as those of Massachusetts were, at this 
singular period. They were just about quitting a 
well fought contest, in which almost every man. 
had personally assisted. The applause of the 
world was fresh on their minds, and they felt a 
title to retirement and repose. Whatever inter- 
rupted this right, naturally appeared like a griev- 
ance, and became discountenanced as an abridg- 
ment of their liberties. They could not realize 
that they had shed their blood in the field, to be 
worn out with burdensome taxes at home ; or that 
they had contended, to secure to their creditors, a 
right to drag them into courts and prisons. 

With such high Avrought notions of freedom 
in the people, it was difficult for the legislature 
either to govern without appearing to tyrannise, 
or to relieve without appearing to be overcome. 
The General Court, in this dilemma, chose to 
consider the commotions of the populace, as evi- 
dence of their real distresses. And in addition to 
the tender act, they passed a law in the month of 
November following, by which, wdth the indulg- 
ence of natural parents, they pardoned the rioters 
without a single exception. 



17 

The sentiments entertained respectinj* private 
ercditors could not long fail of reaching those of 
tlie publick. The first of this class of men who 
fell under popular censure were the unfortunate 
officers of the army. At a time when the coun- 
try \\as disheartened with the appearance of an 
unequal struggle, Congress thought it necessary 
to promise half pay for life to such of them as 
would continue in service. This measure occa- 
sioned no difficulties at the time, but when a 
commutation of five years full pay, was gi\en 
them for this half pay, by a resolve of the 22d of 
March, 1782, though calculated upon principles 
extremely favourable to the states, it raised a gen- 
eral outcry ; and occasioned a tardiness in the 
payment of taxes. So great was the influence of 
this clamour over the House of Representatives, 
that they, for a long time, insisted upon introduc- 
ing a clause into a bill, then about to be passed, 
for granting an impost to the United States, to 
provide that no part of the proceeds of that dut}-, 
from any of the states, should be applied to the 
fulfilment of this advantageous contract. 

The censure of the people ought to have been, 
iind possibly was lessened by a mortifying circum- 
stance, on the part of the officers, arising from the 
very execution of this agreement. The addition 
3 



18 

made to the federal domestick debt, by their se- 
curities, which amounted to five milhon of dol- 
lars, tended, with other causes, to depreciate the 
publick credit to such a degree, as that the cur- 
rent price of their notes would not make good 
their established pay, for the time they were in 
actual service. But, if the disgust of the people 
was in any degree diverted from the officers, it 
certainly did not quit any of the measures adopt- 
ed for their pay. It was only transferred to such 
persons as had purchased their securities, and to 
the rest of the publick creditors. Through the 
want of confidence in the faith of government, 
these purchases had been made at a great discount. 
It soon became a common observation, that the 
promise of government could not, in equity, be 
extended to the man who was possessed of publick 
notes for a pai'tial consideration, to entitle him to 
the payment of more than he gave ; and that the 
legislature ought to avail themselves of the depre- 
ciation for the benefit of the Commonwealth. 
This principle was at length, reduced to system, 
and held up to the publick in print. When it 
was mentioned in the Representatives Chamber, 
an honest member asked. Whether the govern- 
ment had received any powers from the distressed 
creditors, who lost the difference between the real 
and nominal value of the notes, to detain the dis- 



19 

count? Or, if they should detain it, Wlicthcr they 
designed to do so, for the purpose of restoring it 
to the original holders of the notes, to whom, in 
such case, it must undoubtedly belong ? But this 
question was ne^•er answered. 

From speculators in the funds, the cry of the 
discontented spread to original and indisputable 
creditors, of whom the consideration was imme- 
diately received by the publick. These indeed 
could not be denied their demands, but great 
fault was found with paying their interest money 
out of the impost and excise revenues, which was 
the most productive source of the government. 
At the reviving of these revenue laws in the ses- 
sion of May 1786, the appropriation of the pro- 
ceeds of the duties, could not be carried agreeably 
to the former principles, but on condition of be- 
ing subject to a revisal at the next assembling of 
the General Court, when, we shall find, one third 
part was appropriated to the exigencies of gov- 
ernment. 

The numerous cmbarressmcnts under which the 
Commonwealth laboured soon after the war, pro- 
duced a variety of expedients from the citizens. 
Among others, that which has been a peculiar 
favourite with the people of America, a paper 



20 

money system, might well be expected to arise. 
Like their ancestors, the inhabitants of Massachu- 
setts had, by they knew not what means, strug- 
gled through a vai'iety of difficuhies, with the aid 
of ideal wealth ; and, upon the appearance of new 
troubles, they felt inclined to revert to the same 
assistance. The injustice and extreme distress 
which had happened among individuals, and the 
burdens yet existing on the Commonwealth, as a 
member of the union, from bills of credit, began 
to be effaced by the superior objects which, it 
was thought, they had brought about. The rev^ 
olution was ascribed to the powers of paper mo- 
ney, and it was held up as the price of every man's, 
freedom. The proposition, however, was the less 
expedient, as great quantities of this currency in 
fact existed and were circulating in the Com- 
monwciilth at the very time it was made. The 
delinquency in the payment of taxes had neces- 
sitated the Treasurer to anticipate them, by or- 
ders on the Collectors. These orders accumulat- 
ing in a great degree, had become a kind of cur- 
rency at a depreciated value, and were negotiated 
through many hands, previously to their return 
to the treasury. Besides these, there were the notes 
for the state and federal debt, which were no incon- 
siderable substitutes for cash. Many persons must 
have been deluded as to the scheme for another 



21 

emission of paper money, and it is not uncharitable 
to suppose, that many others were induced to pat- 
ronize it from principles less excusable. A major- 
ity of individuals in every community must, in one 
sense, be benefited, b}' a depreciating ciUTcncy. 
It puts the publick burden upon principles of 
chance, and finally settles it upon the unfortunate 
adventurers, in whose hands the bills happen to 
expire. HaziU"d, when oftered to the human 
mind, seldom leaves it uninterested, and from thi:s 
motive, many will engage on the side of a piper 
medium. Creditors indeed, and men of proper- 
ty will be averse from raising a phantom, that, in 
the exchanges of business, may Uike place of their 
real wealth ; and the widow and orphan must 
shudder at the unavoidable snares of knavish men, 
to defraud them of their rights : But these clas- 
ses of people will ever be opposed by debtors, 
speculators, and persons otherwise interested 
against them, and unless supported by the justice 
and humanity of the people, will be soon over- 
come. To whatever motives the desire of a pa- 
per currency may be attributed, certain it is, that 
propositions were very strenuously made to the 
legislature for this purpose from several towns, 
and upon principles never, perhaps, before, ad- 
vanced, It was requested that an adequate quan- 
tity of this money might be emitted ; and, to 



22 

avoid the difficulty of redeeming it, that it might 
by law, be depreciated at fixed rates, in certain 
given periods, until at a suitable time, the whole 
should be extinguished. So wild a proposal serv- 
ed rather to retard than advance the views of the 
party. A report, however, was once made by a 
committee of the House of Representatives for 
emitting a paper currency, but it failed of accept- 
ance. Several other plans were suggested to the 
legislature from without doors, for relieving the 
people ; but means were at length pursued to bring 
them forward in a collected and forcible manner 
by the interference of a new authority. This 
was no other than the expedient of county con- 
ventions. 

In a government as free as the people them- 
selves can make it, we may expect to find a stated 
and satisfactory mode of redressing every remedi- 
able evil that can happen. In the government 
of Massachusetts, and to what part of the globe 
are w^e to advert for a freer one ? this mode is 
pointed out by application to the legislature. 
When publick or private distress is felt, every 
town, and every individual in it, have a right to 
petition the government for redress. They have 
also the express privilege of instructing their rep- 
resentatives, and of consequence, directing their 



23 

measures ; and, the rules of decency aside, there 
is no law to prevent the inhabitants of a township 
or plantation, advising the legiblature respecting 
the most intricate concerns of the nation. The 
government too, annually reverts into the hands 
of those who formed it. All publick officers arc 
thrown back into the class of private citizens, 
whence they cannot ascend again but by the voice 
of the electors : And so small are the qualifica- 
tions of voters, that scaixe a single man is exclud- 
ed from his equal share in creating even the first 
magistrate in the community. In a system thus 
limited and guarded on all sides, and thus open 
to the interference of the citizens even during its 
short continuance, there seems to be no room for 
popular suspicion. But, in a society where that 
great prerogati\e of human nature, self go\ern- 
ment, has been literally exercised, a desire of cor- 
recting what appears to be wrong, will naturally 
exist. And, if the authority of their own imme- 
diate establishment seems averse from adopting 
alterations, there wants that deference to lead the 
people to doubt of their projects, which a govern- 
ment established by their forefathers, and receiv- 
ing their implicit obedience from the force of 
habit, though less perfect in its formatioii, and 
less wisely administered, might not fiiil to inspire. 
Such possibly were the feelings of a number of 



Q4> 

towns in thxC Commonwealth, who resorted to the 
mode of assembling by their delegates in conven- 
tion, for the purpose of ascertaining their griev- 
ances, and the best manner of redressing them, 
while their legislature were in full possession and 
exercise of the constitutional powers, necessary 
for the same purpose. This practice is said to be 
founded on that article in the bill of rights, which 
provides, " That the people have a right in an 
orderly and peaceable manner, to assemble to con- 
sult upon the common good : Give instructions 
to their representatives ; and to request of the 
legislative body, by the way of addresses, petitions 
or remonstrances, redress of the wrongs done 
them, and of the grievances they suffer." Many, 
however, have supposed, that the sense of this ar- 
tide extended only to town meetings which are 
known to the laws. And indeed, to construe it 
in the most latitudinary sense, might tend in prac- 
tice, so to divide the sovereign power of the peo- 
ple, as to make the authority of the laws uncer- 
tain, and distract the attention of subjects ; espe- 
cially in a republican government, where all power 
is actually delegated. But whether conventions 
of this kind be consistent with the constitution 
or not, certain it is, that their agency has been 
very material in the late political events. As 
those assemblies received countenance from the 



o\ 



personal attendance of sonic members of the 
legislature, who were under oath to support the 
constitution, it ought not to be readily concluded 
that their motives were originally injurious to the 
established government ; but, it has certainly, been 
unfortunate to their reputation, that they have been 
held at such times, and patronized by such charac- 
ters without doors, as would injure the best insti- 
tutions. Several disturbances have been ascribed 
to their influence ; one, in particular, which hap- 
pened in the year 1782, as it bears a strong re- 
semblance to the insurrections that took place in 
1786, deserves to be noticed. The well known 
Samuel Ely was indicted at the session of the Su- 
\)reme Judicial Court at Northampton for an at- 
tempt to prevent the sitting of the Court of Com- 
mon Pleas at that place, in which attempt, he 
used the name of a couAcntion, and pretended to 
hold up their authority. Ely pleaded guilty to 
this indictment, and while under sentence of 
Court, when the inhabitants of Springfield were 
accidentally Avithdrawn from the town, was re- 
leased from the gaol there, by a mob assembled 
for the purpose. The ringleaders of this mob be- 
ing afterwards taken, and confined, an attempt 
was made to release them also. This obliged the 
militia of the county to the number of 1200 or 
1500 men to march out for the protection of the 
4 



26 

prison. Both parties met in the field, and noth- 
ing but a decided superiority of numbers and 
characters on the part of government, prevented 
bloodshed, and the commencement of a civil w^ar. 
The rioters were surrounded, and then permitted 
to repair to their several homes. This event may 
not be chargeable upon the convention, as there 
is no evidence that Ely was authorised by them 
to commit the act of violence which he intended ; 
but, however innocent the intention of members 
of convention might have been of these disturb- 
ances, if such use was made of their authority, it 
was a strong argument against future assemblies 
of a like nature. 

The business of the conventions naturally lead- 
ing them to exhibit lists of grievances to the peo- 
ple, their proceedings of course, alwaj's weaken- 
ed the government, whose business it ever is, to 
prevent evils of that kind. But this effect was 
greatly increased, when the measures of govern- 
ment itself were held up as grievances. Their 
complaints then wore a strong appearance of op- 
position to constitutional authority. Thus, in the 
beginning of the year 1784, we find a proposition 
made by the towns of Wrentham and Medway, to 
their sister towns in the county of Suffolk, to meet 
in convention, to redress the grievance of tlie com- 



27 

mutation to the officers, and of the continental 
impost ; measures whieh had received the sanc- 
tion of the legishiturc, and which no new reasons 
could be offered to obviate. About the same 
time, Sutton made a similar proposition to the 
towns in the county of Worcester. The answer 
of the capital to the circular letter sent to them, 
w as decidedly against the proposal. In later times, 
the i)roceedings of conventions have been still less 
justifiable. We shall find that they undertook to 
censure and condemn the conduct of the publick 
rulers ; they voted the Senate and the Judicial 
Courts to be grievances ; they addressed the 
people in language dangerous, even in times of 
tnmquillity ; they called for a revision of the con- 
stitution, previously to 'the end of its intended 
duration ; and, under this idea, attempted to col- 
lect a body of men as a general convention, that 
might rival the legislature itself. But the proceed- 
ings of these assemblies, will particularly appear in 
the general account of the insurrections. From 
the short view which we have taken of the affairs 
of the Commonwealth, sufficient causes appear to 
account for the commotions which ensued. A 
heavy debt hing on the state, added to burdens 
of the same nature, upon almost every incorpora- 
tion within it ; a decline, or rather an extinction 
of publick credit ; a relaxation of manners, and a 



28 

free use of foreign luxuries ; a decay of trade and 
manufactures, with a prevailing scarcity of mon- 
ey ; and, above all, individuals involved in debt 
to each other, are evils which leave us under no 
necessity of searching further for the reasons of 
the insurrections which took place. We ought 
not to be surprised to find the people, who but a 
few years before, upon the abolition of royal gov- 
ernment among them, exhibited a most striking 
example of voluntary submission to a feeble au- 
thority, now driven into a confusion of affairs, 
common to all countries, but most so perhaps, to 
those who have shewn the strongest ardour in 
pursuit of freedom. 

The long restraints which the confusion of war 
had laid upon the administration of justice in pri- 
vate cases, occasioned a very rapid increase of civil 
actions, when those restraints were removed. This 
circumstance gave employment to the practition- 
ers at the bar, and increased their numbers be- 
yond what had been usual in the state. The pro- 
fession naturally became an object of observation ; 
and, at length, was generally spoken of as an ob- 
ject of reform. Advantage was taken of the pre- 
vailing jealousy against lawyers ; and unfortu- 
nately, a prelude to the insurrections was framed 
out of it. Infl;imatory writings were inserted in 



29 

ilic newspapers, to excite an idea, in the minds of 
llic people, tliat the burdens which they la- 
l)Oured under, were occasioned by the abuses of 
this profession : And, a doctrine was particularly 
insisted on in one of them, tliat this class of men 
ought to be abolished. The electors were there- 
fore conjured to leave them out of publick 
office, and to instruct their representatives, then 
about to be chosen for the year 1786, to an- 
nihilate tliem. This idea communicated itself 
from very natural causes. The lawyers were odi- 
ous to debtors as the legal instruments of their 
distresses. They were also intimately connected 
with the courts of justice, and in a great measure, 
under their control : A clamour against the one, 
therefore, was a kind of impeachment of the oth- 
er. The transition from the servants of the 
courts, to the courts themselves, being easy and 
direct, the cry, of course, was received and spread 
with avidity, by those whose intentions were di- 
rected at the administration of juctice in general. 
The flame pervaded the greatest part of the Com- 
monwealth. The lawyers, in most instances, 
W'Cre excluded from the House of Representatives. 
Among other towns, the capital filled the seat 
which she had from ancient times, reser^ cd for 
one of this profession, the scat where Pratt, Thach- 
er, Otis and Adams, had drawn admiration and 



30 

love from the publick eye, with a gentleman of 
a less unpopular calling. When the assembly 
met, their zeal was kindled from the people. 
This was first evidenced by their elections in fill- 
ing up the vacancies in Senate. Preference was 
given to some characters, which could not be ac- 
counted for on any other groimds, than that of 
their fellow candidates being practitioners of the 
law. As soon as business came forward, an emu- 
lation was shewn to be foremost in correcting 
abuses which occupied so large a share of the pub- 
lick attention. Various instances were adduced, 
wherein the principles of the fee bill, from the lo- 
cal circumstances of the parties, operated to dis- 
tress diem ; and much was said to convince the 
House, that these distresses had been greatly en- 
creased, by the exhorbitant fees of attornies. Af- 
ter many warm altercations upon this subject, the 
House, with a view of reducing the exactions and 
influence of the regular practitioners, at length 
passed a bill to admit all persons of a moral char- 
acter into the practice of the law, before the Ju- 
dicial Courts ; to fix the fees of attornies ; to pro- 
vide for their taking an oath previously to their 
pleading, in every cause, that they would not re- 
ceive more than lawful fees of their employers ; 
and to restrain the practice of champarty. But, 
when this bill was sent up, the Senate, desirous 



31 

of a further consideration of the subject, took, 
measures for examing it in the recess, and re- 
ferred their decision to their next assembling. 

The other proceedings of either house, were 
hardly so correspondent with the views of the dis- 
contented party. The session was made memo- 
rable by the grant of the supplementary funds to 
the United States ; a measure, which, though dic- 
tated by the principles of national credit, did not 
fail to stand high in the catalogue of future 
grievances. The advocates for a paper money 
system also lost their confidence in the House. A 
petition was presented from delegates of all the 
towns in the county of Bristol, praying for an 
emission of that kind of currency. This measure 
was probably suggested by the example of their 
neighbours in the state of Rhode Island, who had 
just emitted a large quantity ; and it was expect- 
ed, no doubt, that this precedent would have in- 
fluenced the legislature to favour the proposed ; 
but, on a trial of parties in the House, there were 
found to be, out of one hundred and eighteen 
members, only nineteen advocates for the scheme, 
and only thirty five, out of one hundred and twen- 
ty four, in support of the still more popuhu* plan 
of making real and personal estate a tender, at an 
appraisement, in discharge of executions. Indeed, 



32 

the fate of these projects seems to ha\e been sin- 
gularly perverse at this session ; for, they were not 
only negatived, but a law was passed enabling 
the citizens to discharge executions in favour of 
any inhabitants of such states as had issued paper 
money or made a tender act, by payment in their 
own currency, or a tender of estate according to 
the regulations which they themselves had provid- 
ed. This system of retaliation at once vindicated 
the rights of the people,and expressed the disap- 
probation of the legislature, at establishing engines 
of fraud upon publick faith and authority. An 
attempt also failed to di\ert the approbation of 
the impost and excise duties, from the payment 
of the interest of the consolidated notes, for the 
purpose of discharging the foreign demands, and 
those of the civil list. In this situation, the le- 
gislature adjourned, on the 8th of July, to the 31st 
of January following. 

The loss of so many motions respecting the im- 
portant concerns of the Commonwealth, could 
not but have a proportionable effect upon those 
members whose confidence in the rejected plans, 
had drawn them to their defence. The grant of 
the supplementary funds was also a kind of tri- 
innph over this side of the House. A division of 
course, took place omong the members of the leg- 



33 

ishiturc, which must, even upon the most favour- 
able view of human nature, have accelerated the 
divisions among the people at large. The failure 
of the minority was in a great measure owing to 
the determined conduct of the Senate, who soon 
began to be a distinguished subject of clamour. 
The outcry against Uuvycrs was at length drowni- 
ed in more general complaints, and grievances 
arose on all quarters, from a variety of causes. 

On the 22d of August, a convention of delegates 
liom fifty towns in the county of Hampshire, met 
at Hatfield, and came to the following decisions. 

" At a meeting of delegates from fifty towns in 
the county of Hampshire, in convention held at 
Hatfield, in said county, on Tuesday the 22d day 
of August instant, and continued by adjournments 
until the twenty fifth, &:c. Voted, that this meet- 
ing is constitutional. 

" The convention from a thorough conviction of 
great uneasiness, subsisting among the people of 
this county and Commonwealth, then went into 
an inquiry for the cause ; and, upon mature con- 
sideration, deliberation and debate, were of opin- 
ion, that many grievances and unnecessary bur- 
dens now lying upon the people, are the sources of 
5 



34 

. that discontent so evidently discoverable through- 
out this Commonwealth. Among which the fol- 
lowing articles were voted as such, viz. 

1st. The existence of the Senate. 

2d. The present mode of representation. 

3d. The officers of government not being an- 
nually dependent on the representatives of the 
people, in General Court assembled, for their sala- 
ries. 

4th. All the civil officers of government, not 
being annually elected by the Representatives of 
the people, in General Court assembled. 

5th. The existence of the Courts of Common 
Pleas, and General Sessions of the Peace. 

6th. The Fee Table as it now stands. 

7th. The present mode of appropriating the im- 
post and excise. 

8th. The unreasonable grants made to some of 
the officers of government. 

9th. The supplementary aid. 

10th. The present mode of paying the govern- 
mental securities. 

1 1th. The present mode adopted for the pay- 
ment and speedy collection of the last tax. 

12th. The present mode of taxation as it ope- 
rates unequally between the polls and estates, and 
between landed and mercantile interests. 

13th. The present method of practice of the at- 
tornies at law. 



14tli. The want of a sufficient niccliiun of trade, 
to remecl} the mischiefs arising from the scarcity 
of money. 

15th. The General Court sitting in tlie town of 
Boston. 

16th. Tlie present eml)arrassments on tlie press. 

17th. The neglect of the settlement of import- 
ant matters depending between the Common- 
wealth and Congress, relating to monies and av- 
erages. 

18th. Voteel, This convention recommend to 
the several towns in this county, that they instruct 
their Representatives, to use their influence in the 
next General Court, to have emitted a bank of pa- 
per money, subject to a depreciation ; making it a 
tender in all payments, equal to silver and gold, to 
be issued in order to call in the Commonwealth's 
securities. 

19th. Voted, That whereas several of the above 
articles of grievances, arise from defects in the 
constitution ; therefore a revision of the same 
ought to take place. 

20th. Voted, That it be recommended by this 
convention to the several towns in tliis county, 
that they petition the Govemour to call the Gen- 
eral Court immediately together, in order that the 
other grievances complained of, may by the legis- 
lature, be redressed. 



3& 

21st. Voted, That this convention recommend 
it to the inhabitants of this county, that they ab- 
stain from all mobs and unlawful assemblies, until 
a constitutional method of redress can be ob- 
tained. 

22d. Voted, That Mr. Caleb West be desired to 
transmit a copy of the proceedings of this conven- 
tion to the convention of the county of Worcester. 

23d. Voted, That the chairman of this con- 
vention be desired to transmit a copy of the pro- 
ceedings of this convention to the county of 
Berkshire. 

24th. Voted, That the chairman of this conven- 
tion be directed to notify a county convention, up- 
on any motion made to him for that purpose, if he 
judge the reasons offered be sufficient, giving such 
notice, together with the reasons therefor, in the 
publick papers of this county. 

25th. Voted, That a copy of the proceedings of 
this convention be sent to the press in Springfield 
for publication." 

Although it is hinted in the foregoing pro- 
ceedings, that they do not contain all the causes 
of grievance, yet they may be so far considered as 
a faithful collection of these causes, that injustice 
will not be done to the subject, if some of the fu- 
ture proceedings of that nature should not be in- 



37 

sertcd at large. These can require but little com- 
mcnt. It is scarcely possible for a government to 
be more imperfect, or M'orse administered, than 
that of Massachusetts is here represented to be. 
Essential l)ranehcs of the legislative and judicial 
departments were said to be grievous ; material 
proceedings upon national concerns erroneous ; 
obvious measures for pa}'ing the debt blindly 
overlooked ; publick monies misappropriated, and 
the constitution itself intolerably defective. The 
directions for transmitting these proceedings to 
the convention of Worcester, and to the county of 
Berkshire, displayed a design in this assembly, of 
doing more than passively representing their onn 
grievances. 

After this censure of a convention of delegates 
from fifty towns, upon the Courts of Common 
Pleas and General Sessions of tlie Peace, agreed 
upon in three days time, and just before their 
stated terms, it was not surprising, notwidistand- 
ing the caution of the convention against mobs, 
to find that reverence which, if nothing else could, 
the antiquity and past utility of those courts ought 
to have inspired, at once superseded by popular 
rage and contempt. Accordingly, on the last 
Tuesday of August, a competent number of in- 
surgents, supposed to be near 1500, assembled 



under arms at Northampton ; took possession of 
the Court House, and effectually prevented the 
sitting of the courts aforementioned at that place, 
as prescribed by law. Upon this violence beinj^ 
committed, a proclamation was issued by his Ex- 
cellency the Governour, calling in the most feeling 
and spirited manner, upon the officers and citizens 
of the Commonwealth, to suppress such treason- 
able proceedings. But, ^little attention was given 
by the ill disposed to this timely measure. The 
counties of Worcester, Middlesex, Bristol and 
Berkshire were set in a flame, and the tumult 
threatened to be general. 

On the succeeding week, the Courts of Com- 
mon Pleas and General Sessions of the Peace, be- 
ing by law to be holden at Worcester, a body of 
insurgents to the number ?)f 300 and upwards, 
posted themselves at the Court House in that 
place. The judges were admitted to the door, 
where a line of bayonets prevented their entrance. 
The chief justice remonstrated with the rioters, 
on the madness of their conduct ; but the court 
were obliged to retire to an adjacent house, where 
they opened agreeably to law, and adjourned to 
the next morning. The violence of the mob, 
however, soon obliged the Court of Common 
Pleas to adjourn without day, and the Court of 



39 

Sessions to adjourn to the 21st of November fol- 
lowing-. 

The nature of those disturbanecs rendered tlielr 
remedy peculiarly ditlieult. The opposition to 
the courts must have been unjustifiable even in 
the views of the insurgents themselves. But, 
this was a general cause, in which every man ex- 
ercised his right of judging, and there were not 
wanting plausible reasons to induce the less in- 
formed to judge wrong. The stopping of the 
Judicial Courts had been blended, in the minds 
of some people, with the redress of grievances ; 
and had been charitably, but incautiously con- 
sidered, only as a mode of awakening the attention 
of the legislature to that object. Under such 
pretexts, many moderate men, and more froiji less 
pardonable principles than that of moderation, 
excused themselves from military duty. This en- 
ervated the operations of the militia ; and, joined 
to the circumstance of their being in some in- 
stances, unorganized, had almost deprived the 
Commonwealth of any advantage from this palla- 
dium of republican freedom. The attack in the 
county of Hampshire was so sudden and violent, 
that, from this cause perhaps, no recurrence was had 
to the militia ; but, in \\'orcester, it was maturely 
concluded; that those in that ^ icinity, could not 



40 

then be relied on. This in a manner, disarmed 
the Supreme Executive Magistrate, who from in- 
clination, and the principles of the constitution, 
directed himself to the militia for assistance. The 
effects of this evil were afterwards still more con- 
spicuous. When bodies of the militia were 
marched by order of their proper officers, num- 
bers whose principles were concealed, would, at 
some critical juncture, openly change their sides 
in the field ; a treacherous practice, that was 
checked by a subsequent provision in the law 
martial. 

The contagion of this riotous disposition ap- 
pearing to spread, notwithstanding the militia had 
been ordered to the aid of the Sheriffs, the Gov- 
ernour turned his attention to suitable means of 
checking its nearer approach to the capital. Ac- 
cordingly an advising body was collected, in the 
absence of the council, consisting of such coun- 
sellors as were in town, the Judges of the Supreme 
Judicial Court ; the Attorney General and other 
publick characters. The Courts of Common 
Pleas and General Sessions of the Peace, were 
then next to be holden at Concord and Taunton on 
the same day. There could be no doubt, that 
attempts would be made to impede their sitting. 
Among other events which had taken place in 



41 

Middlesex, a convciuion consisting ot" the dele- 
o-ates of a majority of tl\e towns in that county, 
liad set the day after that whicli was held at 
Hatfield. Their proceedings bore a very near 
resemblance to those of their brethren in Hamp- 
shire. The Senate was not numbered among 
their grievances, but the Court of Common Pleas 
was expressly mentioned. The people of Mid- 
dlesex however, were supposed to be less averse 
to the administering of justice than those of the 
upper counties ; and not opposed to supporting 
the Judicial Courts against a force. This supposi- 
tion was founded on good information, obtained by 
early and judicious inquiries, made by the Major 
General of that division, who appeared before the 
council on the occassion. It was also thought 
that the local circumstances of Concord made it an 
eligible spot for the serious exertion of govern- 
ment. In pursuance of this idea, it was agreed, 
that the militia should be called out in defence of 
the courts from such parts, and in such numbers, 
as would best serve to protect them. But, while 
this plan was executing, an agreement was enter- 
ed into by the inhabitants of Concord and several 
towns in their neighbourhood, to meet by their 
committees, to confer with any persons who might 
appear in arms, with a view of persuading them 
into moderate measures. Much was hoped for 
6 



42 

by the acting council from a pLiciiick nei^otia- 
tion ; and, upon the personal representation of 
two justices of the Common Pleas, the orders for 
calling out the militia, who were designed to act 
in Middlesex, were absolutely countermanded, and 
those issued for Bristol conditionally so. No 
sooner was it known by the insurgents, who were 
contemptible in point of strength and character, 
that government would not act with force, than 
they appeared in triumph on the spot. Those of 
the county were reinforced by a small party from 
Worcester. They took possession of the Court 
House, and paraded with great insolence before 
the court who had assembled at a small distance. 
One of their leaders was exceedingly outrageous, 
and once threatened to put all persons to the sword 
who should not join them in two hours. Such 
was the profanity of his language, that it at first 
staggered the less hardened party from Worcester, 
but a union of forces afterwards took place. Job 
Shattuck, their principal leader, sent a written 
message, that it was the sense of the people, that 
the courts should not sit. He afterwards affected 
to permit the Court of Sessions to sit, on condi- 
tion of adjourning to a day prescribed ; but, the 
issue was, that the rioters grew still more outra- 
geous, and no court could sit at all. 



43 

III tlic county of Bristol, the cause of i^ovcni 
mcnt did not )'icld so easily. Notwithstanding 
the counter orders respecting; the turning out of 
the militia, the spirit of the people in some parts, 
led them to appear in arms under tlic direction of 
Major-Gcneral David Cobb, to the number of three 
hundred, and the insurgents, though a third part 
more, could not prevent the sitting of the courts. 
These, however, voluntarily adjourned again with- 
out day. 

A\'^hile these insurrections WTre happening in 
the lower counties, the rage of the malcontents 
was not less violent in the county of Berkshire. A 
convention was held at Lenox, on the last week in 
August. This assembly however, was composed 
of members, as well from the towns where the 
friends to government prevailed, as from the dis- 
affected ; and their proceedings seem to have evi- 
denced a different disposition, from that of the 
other conventions. Although the general rage 
for reformation was conspicuous, }'et they 
explicitly approved of the appropriation of the 
revenue arising from the impost and excise du- 
ties, and of the grant of the supplementary 
funds to the United States ; and they mani- 
fested a decent and respectful regard towards 
the administration of government in general. 



44 

They disapproved of the systems for establishing 
paper money and tender acts. They solemnly 
engaged to use their influence to support the courts 
of justice, in the exercise of their legal powers, and 
to endeavour to quiet the agitated spirits of the 
people. The insurgents, however, assembled in 
force to the number of eight hundred, at Great 
Barrington, and not only prevented the sitting of 
the courts which were so obnoxious to them, but 
broke open the gaol, and liberated the prisoners. 
They also compelled three of the Judges of the 
Court of Common Pleas, to sign an obligation, 
that they would not act under their commissions, 
until grievances were redressed. It ought, how- 
ever, in justice to the insurgents, to be mentioned, 
that the fourth Judge, who was a member of the 
Senate, upon a proper resistance, was not forced 
to sign the obligation. This circumstance must 
extenuate the crime, in the opinion of the world, 
as it will abate the degree of compulsion, which 
otherwise might be supposed to have been used 
upon this occasion. 

The conduct of the inhabitants of the town of 
Boston, during these disturbances, should not pass 
unnoticed. They addressed the Governour, and 
in the most unequivocal manner, declared their 
determination to co-operate in support of consti- 



45 

tutional government, A\hilst they also declared, 
that their feelings led them to hope for lenient 
measures to be adopted, with respect to their de- 
luded friends and fellow citizens. They also sent 
a circular letter addressed to the inhabitants of 
every town, wherein they acknowledged their own 
obligations, and recited die mutual danger that 
awaited aU«parties, during the war. They con- 
trasted the present free state of the citizens, with 
what it Mould have been, had they become a con- 
quered people. They held up the sacred pleclges 
of life and fortune, made to support a constitu- 
tion, which was as inestimable as the blood that 
had purchased it. And they conjured their breth- 
ren not to gratify the malice of their common ene- 
mies, in seeking a redress of supposed grievances, 
by other means than those which their social com- 
pact had amply provided. To their address, his 
Excellency returned a very favourable answer, in 
which, however, he plainly suggested, that the su- 
pineness of those citizens, who had been duly call- 
ed upon to assist the Sheriffs, and had neglected 
to do it, drew on them the blame of the unhappy 
consequences. The letter to the several towns 
produced various replies, but most of them con- 
veyed an union of sentiment, and a tender of aid 
to the constitution. 



46 

The disposition for insurrections at this time, 
was not confined to Massachusetts. On the 20th 
of September, about four hundred men, armed in 
different modes, surrounded the legislature of 
New Hampshire, for several hours, with a view of 
forcing them into a paper money system, agree- 
ably to a petition which had been previously pre- 
ferred by a convention of delegates from about 
thirty towns in that state. But the spirit of their 
citizens immediately led them to appear in arms, 
and crushed the insurrection in its infancy. 

So frequent an opposition to the administering 
of justice, made it necessary that an immediate 
session of the General Court should be held. The 
Governour, in consequence of a requisition of 
Congress for a tax, had issued his proclamation 
for calling that court together on the 18th of Oc- 
tober, but the tumults afterwards induced him to 
fix upon the 27th of September for their assem- 
bling. 

While the legislature were convening, the in- 
surgents were extending their object. Hitherto 
their grievances had been confined to the Courts 
of Common Pleas, the Courts of General Sessions 
of the Peace, and to some supposed inconvenien- 
cies in the mode of holding theCourts of Probate. 



47 

But, their opposition to the t\\ o first of these, had, 
as they pretended, made a i'urther measure neces- 
sary to their safety. This was to prevent the sit- 
ting of the Supreme Judicial Court itself, and 
thereby shield themselves from any indictment on 
account of their past oft'ences, in obstructing the 
administration of justice. No great danger ought 
to have been apprehended by them from this 
quarter, as the court last mentioned had set at 
Worcester without the jury's finding a single bill 
against them. However, it was determined by 
the insurgents, to prevent their doing business at 
Springfield, if possible ; and the Governour, on 
the other hand, took measures to obviate their 
designs. Accordingly he ordered the Court 
House to be taken into possession by 600 men, 
under the command of Major General William 
Shepard. This party were well officered and 
equipped, and contained the most respectable char- 
acters for abilities and interest, in the county of 
Hampshire. On the day of the court's sitting, the 
insurgents also appeared, equal if not superior in 
numbers, but vastly inferior in officers and arms. 
They were headed by one Daniel Shays, who had 
been a Captain in the late continental army, but 
had resigned his commission for reasons quite 
problematical. They were highly incensed at gov- 
ernment's taking possession of the Court House 



48 

previously to their arrival. They sent a request to 
the Judges, that none of the late rioters should be 
indicted ; but recei^'ed a very firm reply, purport- 
ing that the Judges should execute the laws of the 
country agreeably to their oaths. In the con- 
fusion, however, necessarily attending two such 
large bodies of armed men, who, before they retir- 
ed increased to more than 2000, the court could 
transact but little business. On Wednesday the 
panel of Jurors not being filled, those jurymen 
who appeared were dismissed. On the next day, 
which was the third of their sitting, the court ad- 
journed, after resolving that it was not expedient 
to proceed to the county of Berkshire. The mor- 
tification which the insurgents suffered from the 
Court House being preoccupied by the militia, 
led them to several bold measures. At one time, 
they marched down upon the militia with loaded 
musquets, and every preparation was made for an 
engagement ; but they were dissuaded from an at- 
tack, as it was said, at the instance of their com- 
mander. They insisted of passing through the 
street of Springfield, in face of General Shepard's 
troops, and were allowed so to do, on condition 
of their behaving peaceably, which was observed. 
After the rising of the Court, they also demanded 
the ground on which the General was posted. 
As it was necessary for him to change his position 



49 

in order to secure the federal arsenal, for which 
people were very apprehensive, he marched to 
the protection of that, and the insurgents suc- 
ceeded his forces in the occupation of a place 
which had, in fact, become of no real importLuicc. 
The condition of the town of Springfield was 
truh' melancholy, during this civil contention. 
Neighbours were opposed to each other under 
arms, the houses were rendered the scenes of fe- 
male distress ; and it was in. the power of accident 
only, to have brought on an action, which might 
have destroyed the lives of thousands, and sub- 
jected all property to the immediate vengeance 
of the party that might have become victorious. 
After remaining in this situation for four days, 
the inhabitants were relieved by the dispersing of 
both parties. 

At the time appointed by law for holding the 
Supreme Judicial Court, at Great Barrington, the 
malcontents affecting to believe, that the court 
intended to deceive them, and that business would 
be transacted as usual, not\\'ithstanding the resolu- 
tion to the contrary, assembled in considerable 
numbers ; and being disappointed in their object, 
became extremely riotous. Several persons who 
were obnoxious to their views were obliged to 
fly, and one gentleman who sustained a very hon- 



50 

ourablc office, was pursued in various directions, 
by armed men. Houses were seaixhed, and, in 
some instances citizens were fired upon. 

When the legislature had assembled, the Gov- 
ernour opened to them the whole transactions 
that had then taken place, in a speech from the 
chair. In this he stated the danger of such pro- 
ceedings, and the want of justification on the part 
of the insurgents, even upon the supposition that 
grievances existed, as they had complained. He 
related the measures which he had taken, and ob- 
served, that if the people would not be obedient 
to orders issued for their own safety, the conse- 
quences were imputable only to themselves. The 
Senate appeared to be decided in their opinion, of 
the measures which were necessary to be taken, 
respecting the insurgents ; but parties did not 
stand so unequally balanced on this point, in the 
lower House. Those members who from time to 
time, had found their plans overruled there, seem- 
ed to think that publick affairs had not been so 
properly conducted as they might have been ; and 
to hope, that the present commotions might be the 
means of bringing about what, they always 
thought should have been effected without them. 
They were, therefore, cautious in their proceed- 
ings against the insurgents, and, probably did not 



51 

wisli them to I)c crushed, till thini^s \\i.\c coi act- 
ed according to their view of a riglit system. 

The first measures which the Senate adoi)ted, 
were, to agree to a report of a joint committee on 
the Governour's speech. This report was ex- 
pressive of tlie abhorrence which the two Houses 
entertained, of the proceedings against the Judi- 
cial Courts. It decidedly approved of his Ex- 
cellency's conduct, in raising the militia for their 
defence. A promise of pay was also made to 
those who had been, or should afterwards be call- 
ed into service. It recommended a revisal of the 
militia law, and expressed a full determination on 
the part of the legislature, to examine into, and 
redress all grievances, which might lie upon the 
people : And it provided that the pri\'ilege of the 
writ of Habeas Corpus, should be suspended for a 
limited time. The House were unanimous in 
agreeing to the first mentioned clause in this re- 
port ; the other clauses were also voted, except- 
ing the last, at which a determined stand was 
made. In vain was it urged, that the daring at- 
tempts which had been made upon the authority 
of government, required a decisive defence on 
their part ; that the measures proposed, were on- 
ly means of disarming, without punishing the 
leaders of the insurgents ; that the same measure"^ 



b2 

had been adopted in less perilous times, under the 
present constitution, without hesitation ; and that 
the safety of the friends of government, in the 
discontented counties, made them again necessa- 
ry. There were other gentlemen, and they were 
then the majority, who thought it a very unsuita- 
ble time for coercive measures. The first object, 
in their opinions, ought to be, to remove all causes 
of discontent, and so leave the insurgents with- 
out an appearance of justification, in case of their 
perseverance. But if violent plans should be 
projected, they feared that the uneasiness would 
increase, and the great body of neutrals would be 
disgusted with the government, and lost to its 
cause. After long debates this part of the report 
was again committed. 

The party who were for postponing vigorous 
measures against the insurgents, having given this 
check to their opponents, it became an object to 
hasten forward whatever business was considered 
as a condition of the suspension of the writ of Ha- 
beas Corpus. The grievances of the people, as the 
discontented were fond of calling themselves, had 
been laid before the court in several modes. Pe- 
titions from sundry towns had stated them, and 
these were committed by both houses. The con- 
ventions also appeared upon this occasion. Eigh- 



53 

tccn towns in Middlesex, forty one towns in Wor- 
cester, and all the towns but one in Bristol, form- 
ed conventions in their respective counties, by 
their delegates. A petition from each was prefer- 
red for a redress of grie^•ances, which were stated 
as nearly alike, by all, as circumstances would 
permit. That, from Bristol was peculiarly guard- 
ed at this point. They united in the gross, with 
the petition from Worcester, and then observed, 
that in case there should be different petitions 
from different counties, or perplexity in the sub- 
ject matter of those petitions, or they should ap- 
pear insufficiently explicit, they further prayed 
the court, to call a convention of the Common- 
wealth, for the purpose of uniting in consistent 
and explicit petitions, for the removal of those 
grievances which the people laboured under. The 
petition from Worcester, after reciting their griev- 
ances, pra}ed that the sense of all the towns in the 
Commonwealth might be taken, respecting the ne- 
cessity of revising the constitution ; and, in case 
two thirds of them should be in favour of a revision, 
that a state convention might be called for revising 
it. They received a delegate from the county of 
Bristol, and chose a committee to correspond with 
other counties — a measure that was eminently in- 
strumental in subverting the British government 
in this country. They also undertook to aid the 



54 

legislature in the well ordering of the Common- 
wealth, by addressing the people of their county, 
and expressing their confidence, that they would 
peaceably wait the result of that session of the 
General Court. 

As the substance of the petitions from the con- 
ventions was included in those from the towns, it 
saved a difficulty that might otherwise have arisen, 
as to the constitutionality of those bodies, and 
their authority to petition in behalf of the places 
they were said to represent ; especially, as in some 
instances, their constituents had not empowered 
them to go further than to agree upon a petition, 
subject to their own revisal, and to be presented 
from the respective towns themselves. These pe- 
titions therefore were suffered to lie, without any 
decision upon them. 

The grievances which were finally singled out 
for the consideration of the Court, as being the 
most important, and mostly within their power 
to remedy were, the sitting of the General Court 
in the town of Boston ; the institution and regu- 
lation of the Courts of Common Pleas and Gen- 
eral Sessions of the Peace, with the mode of hold- 
ing the Probate Courts ; the burdens of the peo- 
ple arising from the scarcity of money, and the 



55 

difficulties thereby accriiiiifr in tlic payment of 
back taxes, and private debts ; the mode of ap- 
propriating the proceeds of the impost and excise 
duties ; the fee bill, and the salaries of the officers 
of government. 

As one principal cause of the disturbances among 
the people, was the misrepresentation of design- 
ing men, by which they had been led to believe 
the grossest falsehoods, it was agreed on all hands, 
that an address should also be sent to all the citi- 
zens for their information, relative to publick 
affairs. 

Among the salaries of publick officers, that of 
the first magistrate, which was established at 
llOOl. per annum, being objected to by many 
discontented persons, it was early takan into con- 
sideration by the House of Representatives. They 
made it a question, whether it was within the 
power of the legislature to reduce it, consistently 
with the 13th article of the first section and 2d 
chapter of the constitution. After a full discus- 
sion of this point, it was determined that the sal- 
ary might be reduced, notwithstanding it had been 
fixed by an act in pursuance of the constitution. 
But, no use was made of this vote at the present 
time, and it was declared by members who were 



56 

in the affirmative, that it was intended to extend 
to a future year only, and not to any service 
which was actually commenced. Care was taken 
in the subsequent address to the people, to state 
the reasonableness of the salary in itself, and par- 
ticularly when compared to that allowed by the 
late province, which was not only larger but at- 
tended with a variety of perquisites. 

The opposers of a paper money system and a 
tender act, finding both those measures strongly 
urged by almost all the petitions upon publick 
grievances, and that the insurgents were not rig- 
orously treated, began to think of a compromise, 
by allowing of the latter plan, in order to avoid a 
still more odious expedient in the former. The 
committee who had been appointed on the sub- 
ject, submitted a question. Whether a tender act, 
or an act for the suspension of law, would not be 
inconsistent with the constitution ; and also mili- 
tate with the confederation and treaty of peace, 
unless the debts due to British creditors before the 
war, should be excepted ? The Senate voted, that 
it would be against the confederation and treaty, 
imless the exception should be made. But the 
House felt no ways disposed to give a preference, 
in this case, to British subjects over their own 
citizens, and disagreed with the Senate, at the 



57 

isiimc time giving leave for a draught of such a bill 
to be laid on tlieir table. 

While the House of Representatives were pre- 
paring this bill, and endeavouring to reform or 
abolish the Courts of Common Pleas and Gener- 
al Sessions of the Peace, the time arrived for the 
Supreme Judicial Court to sit at Taunton. On 
this occasion the Senate proposed a message to the 
Governour to request that his Excellency would 
give his most serious attention to the support of 
their session, and the House concurred in this pro- 
posal. The Governour, of course, afterwards 
communicated the measures A\hich he had taken. 
The Senate, in return, originated a message of 
thanks, in which they introduced, with some ad- 
dress, the resolves that had passed in both Houses, 
but which, from their connexion with the vote 
for suspending the writ of Habeas Coq^us, still 
remained on the Representatives' table, incapable 
of being laid before the chair. This message 
proved eventually, of great consequence, as it was 
the foundation of very spirited measures on the 
part of the Governour. In it the t\vo houses de- 
clared that they would ah\'ays on such and other 
occasions, afford the Supreme Executive all that 
aid, which should be incumbent on them, in their 
own department ; fully confiding that his Excel- 



58 

Itncy would still persevere in the exercise of such 
powers, as were vested in him by their excellent 
constitution, for enforcing due obedience to the 
authority and laws of government, &c. In ad- 
dition to this mesage, the Court passed a riot 
act, which was the first coercive measure the}' 
took, for counteracting the tumults of the in- 
surgents. 

The Supreme Judicial Court were effectualt}" 
supported at Taimton, the insurgents appearing 
at a distance only. One of them was permitted 
to present a petition to the court, in which it was 
requested, as the sense of the people, that their 
sitting should be adjourned. But, the memorial- 
ist being asked. How it happened, that the jurors 
had all attended, if it was the desire of the people 
that the court should not sit ? he was confound- 
ed, and retired. 

Such preparations were made for meeting the 
insurgents at Cambridge, the week ensuing, that 
they dared not attempt to impede the sitting of 
the Supreme Judicial Court at that place. The 
Governour took the opportunity of reviewing the 
troops that marched upon this occasion, under 
the command of Major General John Brooks. 
They amounted to 2069, besides volunteers. The 



59 

respectable n])pcarancc of tliis bod)', which \\as 
made upoftlic Middlesex niililia, and three com- 
panies from Boston, with many pieces of artillery, 
greatly elc\ ated the spirits of all the friends of the 
goAcrnment, and irritated or depressed those who 
were opposed to it. 

While the Supreme Executive was employed 
in making the necessary military arrangements, 
for supporting the administration of justice, the 
House of Representatives remained in the same 
pacifick disposition towards the insurgents. Noth- 
ing of consequence was suffered to pass them, but 
what was connected with the grievances of the 
people. They completed an act pro^iding for 
the payment of the back taxes in spccifick arti- 
cles, at fixed rates, on account of the scarcity of 
money. They agreed upon a plan for originat- 
ing civil causes before Justices of the Peace, in 
order to lessen the business of the Courts of 
Common Pleas, and to render hnv processes less 
expensive. And they industriously employed 
themselves in framing a tender act, that should be 
the least exceptionable to the ^ arious opposers of 
that measure. All of these acts finally passed the 
legislature, though several cases were excepted 
from the tender law, and the operation of it Mas 
limited to eight months at the motion of the Senate. 



60 

On the 28th of October, the Governour com- 
municated to the Court a resolve of Congress, 
for increasing the federal troops already raised, for 
carrying on an Indian war, to 2040 ; of the addi- 
tional number, the proportion required of Massa- 
chusetts, was 660. The critical juncture at which 
this requisition was made, and the large quota of 
men assigned to the Commonwealth, excited 
the jealousy of many persons, that the forces 
were to be employed in suppressing domestick 
difficulties, previously to their marching to the 
frontiers ; and this suspicion gained some ground 
among the members. The resolve, however, was 
fully complied with. 

In pursuance of the idea of quieting the uneasi- 
ness of the people, the House of Representatives 
went on to vote, that they would remove the 
General Court out of the town of Boston, if it could 
be done with advantage to the publick ; and ap- 
pointed a committee, consisting of a member from 
each county, to report a more suitable place at 
their next sitting. They also took up much time 
in debating upon the best mode of appropriating 
the proceeds of the impost and excise duties ; one 
party contending in favour of the old one, and 
others aiming to defray, with those duties, the in- 



61 

tcrcst of tlic foreign loans, and tlic exigencies of 
govcniment. 

Such delays taking place in the efl'ecting of a 
vigorous system for supporting the authority of 
the laws, occasioned very great alarms among 
those who were most opposed to the insurrections. 
Many were surprised that such dai'ing violations 
of the laws, as had taken place, were not follow- 
ed with the most decisi\c punishment ; or, at least, 
that some forcible measures were not pursued to 
prevent them in future. They were uneasy that 
an interest could be found, strong enough to con- 
fine tlie vote for suspending the privilege of the 
writ of Habeas Corpus, to the Representatives' 
table. They began to lose confidence in the 
General Court, and to wish that means might be 
found to adjourn them, before the publick cause 
should be injured by a feeble system, which might 
tend only to hold up their divisions and want of 
energy. 

There began also to arise another class of men 
in the community, who gave very serious appre- 
hensions to the advocates for a republican form 
of government. These, though few in number, 
and but the seeds of a party, consisted of persons 
respectable for their literature and their wcaldi. 



62 

They had seen so much confusion arising froiu 
popular councils, and had been so long expecting 
measures, for vindicating the dignity of govern- 
ment, which seemed now less likely to take place 
than ever, that they, with an impatience too in- 
considerately indulged, were almost ready to as- 
sent to a revolution, in hopes of erecting a politi- 
cal system, more braced than the present, and 
better calculated, in their opinions, to promote 
the peace and happiness of the citizens. 

But the insurgents themselves at length brought 
about, what their opposers, perhaps, could not 
have effected without them. The debates in the 
House of Representatives respecting the suspen- 
sion of the privilege of the writ of Habeas Corpus, 
had been spread abroad with the most aggravating 
circumstances. The insurgents, either through 
fear for their personal security, which was the 
ostensible object, or for the purpose of ripening 
the opposition to government, spread the alarm 
with avidity. A circular letter was sent by their 
party, to the selectmen of many towns in the 
county of Hampshire, requiring them immediately 
to assemble their inhabitants, to see that they 
were furnished with arms and ammunition accord- 
ing to law. They also ordered the militia, 
in some instances, to be furnished with sixty 



63 

rounds of powder, and to stand ready to mareli 
at a moment's warning. In addition to this, an- 
other convention was also appointed to be held at 
Hadlcy. 

Information of these circumstances was given 
to the Court, by the Go\ernour, on the 7th of 
November, and tlic committee to whom his 
Excellency's message was referred, recommended 
that the report formerly made upon his speech, 
and which then lay before the House, should be 
taken up. This report by the recommitment 
which we have mentioned, now contained, among 
other articles, a clause for trying persons charged 
with obstructing the administration of justice, 
out of the county where the fact was committed, 
and a clause for obliging all persons concerned 
in the insurrections, to take the oath of allegiance, 
as a condition of being indemnified against legal 
prosecutions. 

In the debates upon this report, at the present 
time, a great struggle took place. The advo- 
cates for lenient measures could hardly yet be 
brought to think, that the crisis had arrived, 
when it was necessar}', that the personal rights 
of the subject, should be so far deserted by the 
laws, as to allow of trials in foreign counties ; or 



64 

that every man's liberty should be trusted to the 
discretion of the Supreme Executive, without 
legal remedy. At length however, the extreme 
danger to which the government was reduced, by 
these hardy and insulting measures of the insur- 
gents, outweighed every consideration that had 
hitherto supported an opposition to the spirit of 
the report. The clause was agreed to, which em- 
powered the Supreme Judicial Court to try per- 
sons in any county within the Commonwealth, 
who had been guilty of obstructing or impeding, 
or attempting to obstruct or impede, the adminis- 
tration of law and justice ; or of attempting the 
detriment or annoyance of the Commonwealth, 
by open violence or private conspiracy. Though, 
when the bill was brought in, it was provided 
that the trial should be had in the county nearest 
to that in which the fact was committed, where 
there should be no apprehension of danger. In 
conformity to that part of the report which re- 
commended a suspension of the privilege of the 
writ of Habeas Corpus, another bill was framed, 
and finally passed into a law, which empowered 
the Governour and Council, to imprison without 
bail or mainprise, any persons whom they should 
deem the safety of the Commonwealth required 
to be restrained of their personal liberty, or whose 
enlargement was dangerous thereto. The dura- 



65 

tion of this law was limited to the first day of July 
followiiii^. 

But these measures were n6t adopted without 
a qualification which might prc^'cut their operat- 
ing to the detriment of any indi^•idual in the com- 
munity. A bill was at the same time brought in 
for granting a pardon to all persons concerned in 
the late disturbances, who should by the first day 
of January following take the oath of allegiance, 
and be of good behaviour in the mean time. 
The conditions of this general act of indemnity, 
were mild and easy to be complied with, and the 
advocates for it were exceedingly sanguine as to 
its effects. They thought the insurrections arose 
from misapprehensions and ignorance of the evil 
consequences of violent measures ; and they had 
too favourable an idea of their countr)^men, to 
suppose that they would not retract, when they 
were undeceived, and when so fair a way was 
opened for their return to their duty and alle- 
giance. 

In order to give time for information, and for 

the heated spirits of the malcontents to subside, 

the Courts of Common Pleas and General Sessions 

of the Peace, were for the present, in a manner. 

9 



66 

put out of their way. Those in the county of 
Hampshire, were adjcurned to the 26th of Decem- 
ber ; those in Berkshire, to the first Tuesday in 
February ; those in Plymouth and Bristol were al- 
so adjourned, though for a shorter time. This 
arrangement brought the first stated term of these 
courts at Cambridge, a place which from its neigh- 
bourhood to the seat of s-overnment, and the dis- 
position of its inhabitants, was supposed to be a 
favourable spot for the introduction of good or- 
der. The Court of General Sessions of the Peace 
was suffered, however, to meet at Worcester by 
adjournment, on the 21st of November, a circum- 
stance that, we shall find, the insurgents did not 
forget. The minds of the people, it was hoped, 
would be much changed with respect to the 
courts abovementioned, from the measures which 
had been adopted for lessening their business, by 
an act for rendering processes in law less expen- 
sive. The design of this act was to originate all 
personal civil actions before Justices of the Peace, 
with a view of finishing them there. A trial how- 
ever, was allowed before the higher courts, if the 
demand was disputed. The House of Representa- 
tives also passed a bill for reducing the number 
of terms of these courts, but the Senate referred it 
over to their next assembling. 



Another measure on which the members of 
tlic court, witli ^ ery few exceptions, placed great 
confidence, was, their address to the people. In 
this was very explicitly stated the amount of the 
federal and state debts, and the means proposed 
for payinj^ them. The necessity of maintaining^,' 
the plighted faith of the commonwealth in the 
publick securities was forcibly urged, upon prin- 
ciples of righteousness and policy. All the taxes 
subsequent to tlie year 1780 were enumerated, 
and the expenditures accounted for, as minutely 
as the nature of the subject would permit. The 
salaries of the officers of government were set 
.forth and compared with those of the late pro- 
vince ; and it was shewn, that the whole annual ex- 
pense of the government, being less than 19,0001. 
did not amount to sixteen pence upon a rateable 
poll, exclusive of the proportion paid b}' the es- 
tates. The necessity of the major part governing 
the community was held up against the com- 
plaints of a number of parties, whose projects be- 
ing inconsistent with each other, rendered it im- 
practicable to adopt them. The cry for re^•ising 
the constitution was answered, by shewing the 
difficulties that were encountered in obtaining it ; 
the little prospect there was of mending it ; and 
the improbability of finding at this time, that un- 
usual spirit and mutual condescension and domes- 



68 

tick harmony, which accompanied the adoption 
of the frame of government, and which resulted 
in a great measure, from a danger of foreign in- 
vasion. The assistance of a paper medium was 
shewn to be ideas. Such a currency, it was ob- 
served, from experience, must depreciate, and that 
depreciation would be the source of misery to the 
helpless part of the community, those who were 
peculiarly under the guardianship of the legisla- 
ture ; while unprincipled men only would grow 
rich, and the morals of the whole people become 
corrupt. The difficulties of the Commonwealth 
\vere attributed to the excessive use of foreign 
luxuries, to the decline of republican virtue, and 
to a spirit of unreasonable jealousy, and a com- 
plaining temper, which would render a theocracy 
itself a grievance. With respect to the burdens 
complained of by the discontented, the atten- 
tion paid to their petitions, upon this subject, by 
different acts, was recited, and the conduct of the 
insurgents was attributed to a wish to subvert all 
order and government. The different officers in 
the community, and the whole body of the peo- 
ple, were, therefore, called upon to oppose with 
fortitude and perseverance, attempts to impede 
the course of justice, and to render their own 
lives and property insecure ; and, if any should be 
lost to all sense of justice and virtue, they were 



60 

assured, that the vengeance of im injured com- 
munity, must one day pursue and overtake them. 
This address was ordered to be dispersed, and the 
several ministers of the Gospel were requested to 
read it to their congregations, on the ensuing 
thanksgiving day, or at a lecture to be purposely 
appointed. 

Thus, after passing three different laws for eas- 
ing the burdens of the people, which were, an act 
for collecting the arrear taxes in spccifick articles ; 
an act for making real and personal estate a tender 
in discharge of executions and actions commenc- 
ed in law, and an act for rendering law processess 
less expensive ; after appropriating one third of 
the proceeds of the impost and excise duties for 
the exigencies of government ; after attempting to 
enlighten the minds of the citizens, by an instruc- 
tive address, and to restore peace to the Common- 
wealth, by providing for the apprehending and 
trying of dangerous persons ; but, at the same 
time, tendering indemnity to all the insurgents, 
the General Court rose on the 18th of November, 
with reasonable expectations, that the people, if 
yet unsatisfied, would seek further alterations, by 
the constitutional means of instructing their Rep- 
resentatives, or by a change of officers in the fu- 
ture elections. 



70 

To what causes it was owing, that these expect- 
ations were not answered, it is difficult to con- 
jecture. But, whether it was that the insurgents 
really supposed their burdens to be intolerable, 
and, by misrepresentations had been led to think, 
that they were contending against a power which 
would enslave them, if not effectually resisted ; or, 
whether they thought themselves to be a majority 
of the people, as some pretended, and so vested 
with a supreme power of altering whatever ap- 
peared to them to be wrong in the polity of the 
country ; or whether their pride prevented them 
from submitting to conditions of pardon, which a 
consciousness of their crimes evinced to be mild, 
and disproportionate to treasonable offences ; or, 
whether the plans of their leaders extending be- 
yond the redress of grievances, did not admit of 
any conciliatory measures taking place — certain it 
is, that the act of indemnity was treated with so 
much neglect, that scarce a single person deigned 
to accept of the benefits which it held up. The 
lenient system of government was attributed, not 
to their humanity, but to their timidity and weak- 
ness ; whilst the suspension of the privilege of the 
writ of Habeas Corpus, with the other proceedings 
of the like nature, were carefully inserted, by those 
to whom they were dangerous, among the griev- 
ances of the people. 



The session of ihc General Court was immedi- 
ately followed by a convention of delegates from 
several towns in the county of Worcester. On 
the 23d of November they sent out an address to 
the people. In this they held up the rij^ht of the 
people to examine, censure and condemn the 
conduct of their rulers. They asserted, that 
the rulers of Massachusetts, being many of them 
born to affluence, and perhaps the whole in easy 
circumstances, had not been under advantages 
of feeling for the less wealthy ; and being at 
best but fallible men, they had, as the conven- 
tion apprehended, pursued a mistaken mode of 
policy. This was instanced in the small ^'alue of 
real estates. The stopping of the courts of jus- 
tice was condemned as wrong, and as weakening 
their hands, and the people were intreated never 
more to attempt to obstruct those courts. They 
affected to hold up the embarrassment of the 
legislature, as an apology for the grievances of the 
people not being redressed in the way they could 
wish, and cautioned them against bringing go\'- 
crnment itself into contempt. They called upon 
all electors to stand strictly to the exercise of their 
rights, assuring them that their delegates felt 
for their distresses, and would never forsake them 
while in the line of their duty. They concluded, 
with no small degree of vanity, that however they 



Vi^ 



might suffer in their characters, persons or estates, 
if they could in the least degree contribute to re- 
storing harmony to the Commonwealth, and to 
supporting the weight of a tottering empire, they 
should think themselves happy. 

The caution given in this address against bring- 
ing government into contempt, must have been 
exceedingly weakened in its operation, by the 
former part of it, wherein the right of condemn- 
ing the publick rulers was asserted, and sentence 
accordingly passed upon them for mistaking the 
interests of the people. At any rate, the pacifick 
language of the convention did not seem to be 
thoroughly understood by their constituents ; for 
it happened in this case, as it did in most others, 
that their meeting was followed with additional 
tumults, instead of considerate measures on the 
part of the discontented. And, if the doings of 
publick bodies may receive a construction from 
the conduct of individuals which compose them, 
the circumstance of many members of conventions 
being afterwards found in the most attrocious acts 
of sedition, and otherwise annoying the govern- 
ment, gives us reason to suppose, that those as- 
semblies, by this time, intended to speak in one 
language, and to be understood in another. 



On the 21st of November, when the Court of 
General Sessions of the Peace attempted to meet 
at Worcester according to adjournment, the seat 
of justice was again found to be filled with arm- 
ed men. The Justices were obliged to open at a 
tavern ; and all the exertions of the Sheriff to 
procure tliem an entrance into the Court House 
were in vain. As government, relying upon the 
late proceedings of the legislature, took no meas- 
ures to oppose a force, about 150 men in arms 
effectually dispersed the court, and prevented 
any business being done of a publick or private 
nature. 

The governour immediately, on receiving the 
news of the procedure at Worcester, issued his 
orders as commander in chief; wherein he ob- 
served, that the very measures which the General 
Court had adopted for removing the complaints 
of the malcontents, had .been added to their cata- 
logue of grievances, and furnished them with new 
pretences for complaining. He declared that he 
felt himself bound by the most sacred obligations 
of duty, to attempt, at all hazards, to crush every 
dangerous opposition to government, and he 
therefore called upon the Major Generals of the 
militia, immediately to see that the several divis- 
ions were completely organized and equip- 
10 



74. 

ped, and ready to take the field at the shortest 
notice. 

In pursuance of the resokition expressed in 
these orders, the militia in Middlesex were direct- 
ed to be in readiness to march to Cambridge. 
Four regiments also were put into a like dispo- 
sition in Essex ; and the Sheriff of Barnstable, 
where some symptoms of uneasiness began to ap- 
pear, was directed to call upon the militia, to sup- 
port the courts in that county, if necessary. 

Notwithstanding these military preparations, the 
militia were not actually marched out to sup- 
port the Judicial Courts at Cambridge, which 
probably was occasioned by the peculiar circum- 
stances of the insurgents at this time, when a de- 
gree of a conciliatory temper appeared to take 
place among them. An influential character in 
Middlesex, undertook to make an agreement with 
the leaders of that county, that no forces should 
appear on either side, and wrote a letter to the 
Governour on this subject, to their satisfaction. 
But, the leaders in Worcester, feeling more inter- 
ested to keep up the contest, as they had broken 
the condition of the act of imdemnity, and might 
be left alone unless their brethren in the other 
counties were persuaded into the same temerity, 



artcrwaixls arrixcd, and, in a secret council, over- 
ruled this agreement. This decision ^^•as boldly 
communicated to the above mentioned gentleman, 
with explicit notice, that there would be a moN e- 
ment of the people. The plan was extensive in its 
operation, and more so in its design. A force was 
actually ordered to march from Worcester to Cam- 
bridge, to act in conjunction with the insurgents 
of Middlesex, and messengers were despatched to 
a leader of Bristol county, to march the people 
thence, upon the same business. Reports ^\•ere 
also spread that troops were on the road from 
Berkshire and Hampshire. 

Pursuant to this new scheme, a small party 
of Middlesex insurgents, headed by Oliver Parker, 
(Job Shattuck, their former Captain, coming in a 
more secret manner, in order to avoid the appear- 
ance of breaking his agreement) marched into 
the town of Concord. The ideas of this party ap- 
peared to be very wild, and not confined alto- 
gether to the stopping of the courts. Upon their 
arrival, Shattuck proceeded in the night to W^es- 
ton, to get intelligence of the Worcester forces ; 
but though they had begun their march, they 
did not appear, and from this want of co-opera- 
tion, the whole plan fell through. The insurg- 
ents at Concord, growing disheartened, scatterc<1 



76 

before any force could reach them. It ought not 
to be omitted, that the answer from the leader in 
Bristol, though too late to effect any measures, 
was, that the General Court had done so much 
for the people that they had determined not to 
move. 

The leaders of the insurrections having thus 
rejected the pardon which was held up to them by 
the General Court, notwithstanding the great ex- 
ertions which were made there to include them all 
within it, the Governour and Council found them- 
selves necessitated to exercise the highest author- 
ity which was delegated to them by the legisla- 
ture, for suppressing the opposition to govern- 
ment. Warrants were issued for apprehending 
the head men of the insurgents in Middlesex, as 
being dangerous to the safety of the Common- 
wealth, and for imprisoning them without bail or 
mainprise. The execution of these warrants was 
committed to the Sheriff of Middlesex, and others 
to whose aid, a party of horse, who had volunta- 
rily associated for the support of government, un- 
der Colonel Benjamin Hichburn, was ordered from 
Boston, early in the morning of the 29th of No- 
vember. These were joined by a party from 
Groton, under the command of Colonel Henry 
Wood, and the whole consisting of more than 100, 



proceeded immediately for Concord. On their 
arrival there, the Groton horse, as being best ac- 
quainted with the eoimtry, and least liable to ex- 
cite an alarm from an unfamiliar appearance to 
the inhabitants, were dispatched to secure the 
subjects of the warrant. These returned at night, 
with two prisoners, Parker and Page, but Shat- 
tuck, the principal leader, had taken an alarm and 
escaped. Under this disappointment, at midnight, 
in the midst of a violent snow storm, the whole 
party were ordered on to Shattuck's house in Gro- 
ton, where they did not arrive till late in the 
morning. Here they found that Shattuck had fled 
to the woods. A search was immediately 
commenced, and a judicious pursuit discovered 
him to a party of a few persons, led by Colonel 
Wood himself. Shattuck obstinately resisted, and 
was not taken until he had received several 
wounds, one of which was exceedingly danger- 
ous, and which he returned, though without much 
injury. The three principal objects of the war- 
rant being thus apprehended, the party returned 
to Boston, on the next day but one after their de- 
parture, having pervaded the country for near fif- 
ty miles. The short time in which tliis excursion 
was performed with so large a body, and the ex- 
treme severity of the weather, rendered the exe- 
cution of this service as honourable to the gen- 



78 

tlemeii who subjected themselves to it, as their 
motives in the undertaking were commendable. 

This expedition was a very important event. 
By it the sword of government was unsheathed, 
while the obstinate spirit of the malcontents, and 
the unlimited views of their opposition, seemed 
to afford but little prospect of an accommodation 
on their part. The advantages derived from the 
capture of the prisoners were material. The 
heart of the insurrection in Middlesex was broken 
by so sudden a stroke, while the friends to good 
order received a confidence from the strength and 
success of their cause. The personal safety of 
the principal insurgents became precarious, and 
could the attempts afterwards made for appre- 
hending others of them have been attended with 
the same fortunate issue, the contest would, prob- 
ably, have been ended without further trouble or 
expense. But, they were afterwards, either guard- 
ed or secreted by their followers, who seemed 
determined to oppose themselves boldly to the 
whole powers of the government. 

While this body of horse were entering the 
county of Middlesex, another body of forty were 
despatched, under the command of Majors Spoon- 
cr and Brimmer, from Roxburv, into the county 



79 

of Worcester, for the purpose of ascertuiniiii^ the 
numbers and circumstances of the malcontents ; 
iuid one of their principals owed his escape from 
them to misinformation alone. The alarm how- 
ever soon extended itself too far, for any further 
success by surprise, and this party were oi)liged 
to return, after reconnoitring the country, and 
collecting intelligence respecting the situation of 
the insurgents. 

The opposition to the Court of Sessions at 
Worcester, on the 21st of November, was evi- 
dently the renewal of an extensive system for op- 
posing the administration of justice. Previously 
to that day, all offenders stood upon a safe and 
honourable footing by the act of indemnity. But, 
that transaction, as must have been foreseen, tlii'cw 
the government into the di'cadful dilemma, of 
eidier putting the courts of justice out of their 
protection, or of supporting them at the hazard of 
a civil war, and every unknown consequence 
which might follow an appeal to the sword. No 
sooner had the insurgents appeared at Worcester, 
than they attempted an unsuccessful co-operation 
with those at Concord, as we have mentioned, for 
the purpose of breaking up the courts at Cam- 
bridge. But the excursion of the light horse af- 
terwards confmed their operations to the courts at 



80 

Worcester, which were to set the week following. 
With this intention, and perhaps for the better se- 
curing of their leaders, for whose safety they be- 
came exceedingly alarmed, the insurgents divided 
into several bodies, the principal party with Shays, 
their leader, retiring to the barracks at Rutland. 
Thus embodied they remained until Sunday, the 
3d of December, when they began again to enter 
the town of Worcester. 

In the mean time, the Governour recived let- 
ters from the Sheriff of Worcester, acquainting 
him of the intentions of the insurgents, and of the 
improbability of his collecting a sufficient force 
to oppose them. When this was first communi- 
cated to the Council, they advised, that orders 
should be sent to the Sheriff and Major General 
of that division, to use their utmost endeavours 
to support the courts ; and letters were transmit- 
ted accordingly : But, upon a second considera- 
tion, a more extensive plan was agreed upon, and 
instead of these orders, the judges were advised 
to adjourn the courts to the 23d of January follow- 
ing. During the interval, it was judiciously con- 
ceived, the insurgent leaders would be exposed, 
and time would be afforded for the government 
to establish an effectual system for the support of 
the Judicial Courts. In the interim, while these 



81 

courts were again put out of tlie way of the mal- 
contents, the address of the legislature was for- 
warded by expresses, with a view of enlightening 
the minds of the people. 

The insurgents continued to enter the town of 
Worcester, from the 3d to the 5th of December, 
notwithstanding 170 men belonging to that place, 
turned out in arms to support the courts, and 
a most violent snow storm rendered travelling al- 
most impracticable. But the courts met, and 
adjourned agreeably to the Governour's direc- 
tions, to the 23d of January. The insurgents 
nevertheless, continued to assemble. Shays, with 
about 350 men, arrived from Rutland ; and re- 
cruits came in from several quarters, until their 
numbers increased from 800 to 1000. Thus as- 
sembled, they placed guards at discretion, appre- 
hended such persons as they pleased, among \\ hom 
was one of the Judges, and billetted themselves 
upon the inhabitants. No disorders however, of 
an outrageous nature, took place. 

The object of opposition at Worcester being- 
removed, the insurgents began to prepare for the 
continuance of their measures in Hampshire. This 
appears from the following address, which was 
inserted in the Gazette of that county. 
11 



82 

"►4/z Address to the People of the several towns 
in the county of Hampshire, noxv at arms. 

" GENTLEMEN, 

" We have thought proper to inform you of 
some of the principal cause« of the late risings 
of the people, and also of their present move- 
ment, viz. 

" 1st. The present expensive mode of collect- 
ing debts, which, by reason of the great scarcity of 
cash, will of necessity fill our gaols with unhappy 
debtors, and thereby a reputable body of people 
rendered incapable of being serviceable either to 
themselves or the community. 

" 2d. The monies raised by impost and ex- 
cise being appropriated to discharge the interest 
of governmental securities, and not the foreign 
debt, when these securities are not subject to 
taxation. 

*' 3d. A suspension of the writ of Habeas Cor- 
pus, by which those persons who have stepped 
forth to assert and maintain the rights of the peo- 
ple, are liable to be taken and conveyed even to 
the most distant part of the Commonwealth, and 
thereby subjected to an unjust punishment. 

" 4th. The unlimited power granted to Justices 
of the Peace and Sheriffs, Deputy Sheriffs, and 



83 

Constables, by the Riot Act, indemnifying tlicm 
to the prosecution thereof; when perhaps, wliolly 
actuated from a principle of revenge, hatred, and 
envy. 

*' Furt/ienuorc, Be assured, that this body, now 
at arms, despise the idea of being instigated by 
British emissaries, which is so strenuously propa- 
gated by the enemies of our liberties : And also 
wish the most proper and speedy measures may 
be taken, to discharge both our foreign and do- 
mestick debt. 

" Per Order, 

" DANIEL GRAY, Chairman of the 
Committee J for the above purpose.^"* 

At the same time appeared another publica- 
tion, signed by a leader of the insurgents, and 
purporting to come from the same authority. If 
it was the act of the people then assembled in 
arms, it shews their further sense of publick griev- 
ances ; if it was only founded on the authority of 
the subscriber, it serves to evince the confidence, 
with which the unhappy tumults of the times in- 
spired an obscure individual to become a reform- 
er, and to assume the sovereign right of contend- 
ing for his object by the sword. 



84 
This publication was as follows, viz. 

" To the Printer of the Hamsphire Herald. 

" SIR, 

"It has some how or other fallen to my lot 
to be employed in a more conspicuous manner 
than some others of my fellow citizens, in step- 
ping forth in defence of the rights and privileges 
of the people, more especially of the county of 
Hampshire. 

" Therefore, upon the desire of the people 
now at arms, I take this method to publish to the 
world of mankind in general, particularly the 
people of this Commonwealth, some of the prin- 
cipal grievances we complain of, and of which 
we are now seeking redress, and mean to contend 
for, until a redress can be obtained, which we 
hope, will soon take place ; and if so, our breth- 
ren in this Commonwealth, that do not see with 
us as yet, shall find we shall be as peaceable as 
they be. 

" In the first place, I must refer you to a draught 
of grievances drawn up by a committee of the 
people, now at arms, under the signature of Dan- 
iel Gray, chairman, which is heartily approved 
of; some others also are here added, viz. 



85 

*' 1st. The General Court, for certain obvious 
reasons, must be removed out of the town of 
Boston. 

*' 2cl. A revision of the constitution is absolute- 
ly necessary. 

" 3d. Ail kinds of governmental securities, 
now on interest, that have been bought of the ori- 
ginal owners for two shillings, three shillings, 
four shillings, ajid the highest for six shillings and 
eight pence on the pound, and have received 
more interest than the principal cost the specu- 
lator who purchased them — that if justice was 
done, we verily believe, nay positively know, 
it would save this Commonwealth thousands of 
pounds. 

" 4th. Let the lands belonging to this Com- 
mon^^■ealth, at the eastward, be sold at the best 
advantage, to pay the remainder of our domestick 
debt. 

" 5th. Let the monies arising from impost and 
excise be appropriated to discharge the foreign 
debt. 

" 6th. Let that act, passed by the General Court 
last June, by a small majority of only seven, cal- 
led the Supplemental-}' Aid, for twenty five years 
to come, be repealed. 

" 7th. The total abolition of the Inferiour Court 
of Common Pleas and Genei-al Sessions of the 
Peace. 



86 

" 8th. Deputy Sheriffs totally set aside, as a use- 
less set of officers in the community ; and Consta- 
bles who are really necessary, be empowered to 
do the duty, by which means a large swarm of 
lawyers will be banished from their wonted haunts, 
who have been more damage to the people at 
large, especially the common farmers, than the 
savage beasts of prey. 

" To this I boldly sign my proper name, as a 
hearty wellwisher to the real rights of the people. 

" THOMAS GROVER. 

" Worcester, Dec. 7, 1786." 

The insurgents still continued embodied, and 
alarming the whole Commonwealth, from the 
uncertainty of their next object. Much talk was 
circulated, of their intending to march directly to 
Boston, in order to release Shattuck, and the other 
State prisoners confined there. And this idea 
had impressed the Governour and Council so 
strongly, that they issued orders to Major General 
Brooks, to hold the Middlesex militia contiguous 
to the road, in readiness for action, and to dis- 
patch persons to watch the movements of the 
force at Worcester. But, the severity of the weath- 
er, and that want of enterprise in the insurgents. 



87 

for which their ohstinac y and perseverance was an 
inadequate snbstitute, entirely dissuaded them 
from this attempt, if it ever formed a part of tlieir 
designs. However, so large a force, hanging, as 
it were, over the heads of the citizens, uncertain 
as to its direction, and liable to become predato- 
ry, from a want of means of subsistence, kept a 
great part of the militia under military duty, and 
deeply impressed every man with concern. The 
capital, where the prisoners were confined, was 
under very unusual appearances. The se\'eral 
alarm posts were assigned to the citizens ; guards 
were mounted at the prison, and at the entrances 
of the town ; and all things seemed to carry the 
shew of a garrison. The confusion of the people 
was greatly increased also by the reports of the 
discontented, who magnified some trifling ac- 
cidents which happened in the excursion of the 
light horse, and represented that enterprise, as a 
most bloody and cruel attack upon innocent citi- 
zens ; they held up the government as a tyranny 
subverting the liberties of the Commonwealth ; 
they spoke of themselves as sufferers seeking the 
redress of grievances, at the risque of every thing ; 
and they addressed the pity and claimed the assist- 
ance of the people, inasmuch as they were to be 
equal sharers in the benefits for which they were 
contending under such sufferings. In addition 



88 

to all this, the grossest misrepresentations were 
made of the proceedings of government, and of 
the characters of publick officers. 

The continuance of the insurgent forces at 
Worcester, for any length of time, however desir- 
able it might have been to their leaders, was not 
to be effected. Their numbers were considera- 
ble, and they had no other supplies than what a 
sudden departure from their several homes had 
allowed them to provide. To relieve the prison- 
ers in Boston was not to be attempted ; and the 
courts were not to sit at Springfield until the 26th 
of the month. A separation therefore was una- 
voidable. Accordingly, a council of their leaders 
having been held, at which they concerted a plan 
for procuring a petition in their behalf, as we 
shall hereafter mention, they all left Worcester by 
the 9th of December. A large body of them with 
Shays their principal leader, retired by the way of 
Rutland, at which place they remained for some 
time. 

The retreat of these unhappy men, though less 
peaceable than their assembling, was attended 
with such distresses, as rendered them objects of 
pity. Some were actually frozen to death, and 
all of them were exposed to the inclemencies of 



89 

the severest winter that had happened for many 
years. These diffieuhies were lieii^lUened by a 
seareity of pro^ isions, and, we may suppose, by an 
unwelcome reception among some persons, who 
considered them as the fomenters of sedition. 
Their cause during their whole expedition to Wor- 
cester, must have worn an unfavourable aspect m 
their own view. Indeed, this idea seemed to 
make a deep impression upon Shays himself, if 
he was sincere in a conversation which happened 
about this time, between him and a confidential 
officer of government. Shays was asked b}' this 
officer, who left it optional with him to answer 
the question or not, " Whether, if he had an op- 
portunity, he would accept of a pardon, and leave 
his people to themselves "?" To which Shays ans- 
wered, "Yes, in a moment." Upon a commu- 
nication of this conversation to the Governour 
and Council, they empowered the officer to tell 
Shays, that, in case he would immediately leave 
the insurgents, and engage to conduct as a good 
citizen in future, he might be assured that he 
should be protected ; and, in case he should be 
convicted by any Judicial Court, of illegal pro- 
ceedings, that he should receive a pardon from 
the Governour and Council. But this commis- 
sion was afterwards returned, no opportunity hav- 
ing offi.Ted for the execution of it. 
12 



90 

The plan which the government had adopted 
on their part, being calculated to give time for the 
people to procure information of the measures 
which the General Court had taken to redress their 
grievances and to recollect themselves ; i\ left 
the insurgents also at liberty, for a time, to desert 
or continue their violent proceedings. Of course, 
a very small force was necessary to enable them to 
carry on their operations, if they chose to main- 
tain them. This they determined to do at Spring- 
field, where, we may recollect, the Judicial Courts 
were adjourned to the 26th of December, by a re- 
solve of the legislature. Shays marched into that 
town, with other leaders of his party, who as- 
sembled about 300 malcontents, to oppose the ad- 
ministration of justice. For this purpose, they 
took possession of the Court House, and placed 
their guards according to the military ceremonies, 
which had by this time, become usual and pret- 
t)/^ generally known in cases of such a nature. 
Their respect, however, for the court, led to the 
decent mode of appointing a committee to wait 
on them with an order, couched under the hum- 
ble appearance of a petition, requiring them not 
to proceed upon business. This supplication was 
too well understood, not to be instantly granted, 
and so both parties retired. 



91 

This good Immouic'cl decision against the se- 
rious riglits of the eommunity, u as however, the 
last whieh the insurgents ever had it in their pow- 
er to negotiate. And they seemed aware, that 
further I'oree might be necessary, as on tlieir re- 
turn from Worcester, their officers appointed a 
large committee to superintend the arrangement 
of the regiments in tlie county of Hampshire, as- 
signing to each member his particular division. 

On the first of January, the Goa ernour and 
Council received information of the procedure at 
Springfield, and of there being the highest prob- 
ability, that the insurgents would appear at Wor- 
cester, for the same purpose, on the 23d of that 
montli. This was to stride over the line which 
the government had distinctly marked out for 
their defence. It might be said to be passing the 
Rubicon in this contest ; and to involve one or 
other of these consequences, that the whole con- 
stitutional powers of the Commonwealth were to 
be prostrated at the feet of usurpation imd con- 
quest, or that the lives and fortunes of the adven- 
turers were to be forfeited for a treasonable at- 
tempt against their country. Under these cir- 
cumstances, the Council did not hesitate to advise, 
that vigorous and cftbctual measures should be tak- 
en to support the courts to be holden at Worcester. 



92 

The mode of protecting the administration of 
justice, by calling on the Posse Comitatus, was 
found by repeated experience, to be ineffectual. 
Such conseq^uences had followed from exertions in 
the publick cause, by threats against the lives of 
those who were distinguished for their activity, and 
in one instance, by the secret firing of buildings, 
that the friends of government in the disaffect- 
ed counties, could no longer, unsupported, be 
brought into the field against their neighbours, 
at the risque of their property, and every comfort 
of private life. It was therefore necessary, that 
assistance should be given from different counties ; 
and it was accordingly advised by the Council, 
that 700 men should be raised from the county 
of Suffolk, 500 from Essex, 800 from Middlesex, 
1200 from Hampshire, and 1200 from Worcester ; 
the whole amounting to 4,400 rank and file. 
Two companies of artillery were ordered to be 
detached from Suffolk, and a like number from 
Middlesex. The troops from the three first named 
counties, were ordered to rendezvous in the vicin- 
ity of Boston, on the 19th of January ; those from 
Hampshire at Springfield, on the 18th ; those from 
Worcester were to join the troops from the eastern 
counties at the town of Worcester ; and the whole 
were to be raised for thirty days, unless sooner 
discharged. The command of this respectable 



93 

force was g-ivcn by his Excellency to Major 
General Benjamin Lincoln, whose military repu- 
tation and mildness of temper, rendered him dou- 
bly capacitated for so delicate and important a 
trust. 

But the raising of this army, would have been 
as ineflectual a measure for defending the Com- 
monwealth, as any that had been pursued, had 
not some substantial mode been adopted for sup- 
plying it. The Commissary and the Quarter- 
master General represented, that they had neitlicr 
the articles necessary for that purpose, nor the 
money to purchase them. Such was the low state 
of the publick treasury, that perhaps not a single 
company could have been maintained from that 
source, if any funds had been appropriated for such 
uses. The legislature were not sitting, and had 
they been sitting, could not have laid a tax which 
w'ould have raised the monies in season. In this 
situation, a numl)er of gentlemen, from a convic- 
tion of the necessity of maintaining good order, 
and from a consideration of the exigencies of gov- 
ernment, Aoluntarily offered a loan to support the 
publick cause. The Council advised the Gov- 
ernour, to direct the Commissary and Quarter- 
master General, to procure money or other arti- 
cles from this loan, to an amount not exceeding 



94 

60001. and to recommend to the legislature, upon 
their convening, to take effectual measures for the 
speedy reimbursement of the sum so borrowed. 

In this manner was an army raised, and after- 
wards marched into the field, by the Supreme 
Executive of the Commonwealth, in the recess 
of the legislature. The General Court, at their 
last sitting, had requested the Governour still to 
persevere in the exercise of such powers as were 
vested in him by the constitution, for preventing 
any attempts to interrupt the administration of law 
and justice, and for enforcing due obedience to the 
authority and laws of government. Upon this 
request, and the inflexible perseverance of the in- 
surgents in their outrageous system, the raising of 
this army, the highest act of constitutional author- 
ity that is vested in the Governour, appears to 
have been founded. And the measure, we shall 
find, was afterwards fully justified, not only by the 
hearty approbation of the legislature, but by its 
own consequences, in the restoration of judicial 
proceedings, and the preservation of the constitu- 
tion. 

On the 12th of January, while the militia were 
embodying, the Governour sent out an address to 
the people of the Commonwealth. In this, the 



95 



conduct of tlic insurf^cnts, and the proceedings ot 
the legislature, with their request to him of the 
24di of October, to use the powers vested in him 
for enforcing obedience to the luws, were recited. 
Agreeably to Uiat request, and to his own ideas ol' 
duty, the people were informed, that he had or- 
dered a part of the militia to assemble in arms, iqv 
the purpose of protecting the Judicial Courts at 
Worcester ; of aiding the civil magistrate in exe- 
cuting the laws ; of repelling all insurgents against 
the government, and of apprehending all disturb- 
ers of the publick peace. 

It was observed that the object of the insur- 
gents evidently was, to annihilate the present 
happy constitution, or force the General Court 
into measures repugnant to every idea of justice, 
good faith, and national policy. Success in ei- 
ther case, must be destructive of civil liberty : 
And as it would be the result of force, undirected 
by moral principle, it must finally terminate in 
despotism in the worst of its forms. 

Men of principle, the friends of justice and of 
the constitution, were enjoined to unite, and by 
their union, if it should be as firm as the insur- 
gents had been obstinate, in trampling justice and 
the constitution under their feet, it was observed, 



96 

a regular administration of law and justice would 
be established, without the horrors of a civil war, 
which were ardently deprecated, and which the 
utmost endeavours would be used to prevent. 
But unless force appeared, the greatest calamities 
seemed inevitable. If insurrection was to stalk 
unopposed by authority, some consequences were 
shewn ; and what, it was observed, would be the 
end of such events, was known only to him, who 
could open the volume, and read the pages of fu- 
turity. 

The good people of the Commonwealth were 
therefore conjured, by every thing valuable in 
life, to co-operate with government in every ne- 
cessary exertion for restoring to the Common- 
wealth, that order, harmony and peace, upon 
which its happiness and character so much de- 
pended. 

The movements in raising the army, could not 
but inspire the insurgents with serious apprehen- 
sions ; and they began upon a system of policy, 
which they for a long time continued, of petition- 
ing the government on the one hand, without re- 
laxing their military exertions to overcome it on 
the other. When they were at Worcester, they 
agreed upon a petition to the Governour and Coun- 



97 

cil, wlilcli n'as to he supported by as many towns 
as could be brout^Iit into the measure. Tliis pe- 
tition, which had been once sent, but miscarried, 
Avas again l)rought forward and presented. It 
contained, in substance, a request that the state 
prisoners might I)e liberated, and a general par- 
don again granted to all the insurgents ; that the 
Courts of Common Pleas might be adjourned to 
the next election ; and it then engaged for the 
peaceable conduct of the insurgents. The mo- 
tive of petitioning was held up as arising not from 
the fear of death, or of any evils that might be 
placed in their way, but to prevent the cruelties 
and devastations of a civil war. But there did 
not appear an}- e\idencc that the person whose 
name was subscribed to this petition, was em- 
powered to execute it, and it was dubious whether 
he himself signed it. Besides which, there was 
not a man present at the meeting where it a\ as 
drawn, from the county of Hampshire, in behalf 
of the insurgents of which county, among others, 
it was presented. The Council therefore declar- 
ed, that thc^ could not consistently with llicir 
trust, attend to this paper, which they considered 
rather as an insult, than a petition, as it contained 
a threat, and not a sense of guilt in proceeding il- 
legally : They therefore advised the Governour, 
to inform the bearer of this opinion ; at the same 
13 



98 

time observing, that whenever any citizen, or cor- 
porate body should prefer a petition, all due at- 
tention would be paid to it. 

But the objections to this petition did not, at 
present, induce the insurgents to produce any 
other, better accommodated to the ideas of the 
Council. Their officers had previously issued 
their orders for the people immediately to assem- 
ble to support thei^ rights, as it was termed, a- 
gainst the government. They therefore directed 
their attention, to a more authoritative mode of 
preferring their demands. 

The resolutions of the insurgents continuing 
thus hostile, the army of the state was put in mo- 
tion, to support the Judicial Courts, under the 
command of General Lincoln, who received the 
following Orders from his Excellency the Gov- 
ernour, 

'■^ Boston, January 19, 1787. 

" SIR, 

"You will take the command of the militia, 
detached in obedience to my orders of the 4th 
instant. The great objects to be effected are, to 
protect the Judicial Courts, particularly those 
next to be holden in the county of Worcester, if 
the justices of the said courts should request your 



99 

aid ; — to assist the civil magistrates in executing 
the laws; and in repelling or apprehending all 
aiid every such person and persons as shall in u 
hostile manner, attempt or enterprise the destruc- 
tion, detriment or annoyance of this Common- 
wealth ; and also to aid them in apprehending the 
disturbers of the publick peace, as well as all 
such persons, as may be named in the state war- 
rants, that liave been, or shall be committed to 
any civil officer or officers, or to any other per- 
son, to execute. 

" If to these important ends, the militia already 
ordered out should, in your opinion, be incom- 
petent, you will call on the Major Generals for 
further and effi^ctual aid : And if you can rely 
on their attachment to government, you will in 
the first instance, call on the militia in the neigh- 
bourhood of your ccunp. 

" I cannot minutely point out to you, the par- 
ticular line you shall pursue in executing these 
orders : But would obserAC in general, that if, to 
answer the aforesaid valuable purposes, you should 
judge it necessary to march a respectable force 
through the western counties, you ^viIl in that 
case do it. This would give confidence to the 
well affected ; would aid and protect the ci\'il of- 



100 

licers in executing their duty, and would con- 
vince the misguided of the abilities of govern- 
ment, and its determination to pursue every legal, 
and constitutional measure for restoring peace and 
order to the Commonwealth. 

" You are to consider yourself, in all your mil- 
itary offensive operations, constantly, as under the 
direction of the civil officer, saving where any 
armed force shall appear, and oppose your march- 
ing to execute these orders. 

" That I may be fully acquainted with all the 
proceedings of the armed force under your com- 
mand ; and with all matters that respect the great 
objects to be effected, you will please to give me 
regular information by every post : And for in- 
termediate and necessary intelligence, you will 
order the Quartermaster General to provide the 
necesary expresses. 

" On these attempts to restore system and or- 
der, I wish the smiles of heaven, and that you 
may have an agreeable command, the most per- 
fect success, and a speedy and safe return ; and 
am with much esteem, 

" Sir, your most obedient servant, 

" JAMES BOWDOIN. 
''^ Hon. Major General Lincoln.'''' 



101 

In addition to the foregoing, the Council, upon 
letters from General Lincoln and General Shepard 
being laid before them by the Governour, advised 
his Excellency, on the 2U\\ of January, to give 
to General Lincoln, such further orders, as would 
enable him, in the safest and most efl'ectul man- 
ner, to apprehend, disarm and secure, by all fit- 
ting ways and means, all persons \\ ho, in a hos- 
tile manner should attempt or enterprise the de- 
struction, invasion, detriment, or annoyance of the 
Commonwealth ; and particularly all such bodies 
of armed men, as then were, or might be assem- 
bled in the counties of Worcester, Hampshire, 
Berkshire, or elsewhere within this state, for the 
purpose of opposing the authority of the Com- 
monwealth founded on the laws and constitution 
thereof. And orders were given by the Govern- 
our accordinsrlv. 



HISTORY 



INSURRECTIONS, &c. 



PART II. 

Before we attend to the march of 
the army, it may not be improper to advert, 
|l for a moment, to the state of parties, which by 
this time prevailed in the Commonwealth, and 
which greatly influenced the military operations, 
as well as all other measures, adopted for sup- 
pressing the insurgents. In viewing these parties, 
it will strike us with no small surprise, that the 
cause of government, which was so directly con- 
nected with the administration of justice, and in- 
deed with all the essential principles of society, 
did not gain greater numbers than what, from the 
progress of the insurrections, and other circum- 
stances, we may suppose, really inlisted on its 
side. But, as has been mentioned, many persons 
were led to consider the success of their attempts 



104 

to obtain a redress of grievances, as depending 
upon the issue of the struggle respecting the 
courts ; and doubtless were by those means in- 
duced to wink at an abuse, which if taken by it- 
self, they would have viewed with abhorrence. 
The discontented of every class therefore, united 
at this important stage of the contest, without 
much attention to the difference between their 
several complaints, or their proposed systems of 
reform. Many who only wished for an alteration 
in the Judicial Courts, were entangled with others, 
who intended if possible, to prevent the adminis- 
tration of justice in any way. Not a few of the 
more moderate in opposition, who thought that 
they discovered grievances in the mode of appro- 
priating the impost and excise duties, or in the 
distresses of debtors, and w^ho wished for any 
reasonable alterations which would quiet the minds 
of the people, were carried down in the same cur- 
rent of insurrection, with those who were for an- 
nihilating both publick and private debts, and who 
aimed to revise or extinguish the constitution. 
Men who in former years had classed themselves 
on opposite sides of inveterate parties, were, upon 
this occasion, to be found together. There were 
those who had been most violently principled 
against the revolution, and who hated the govern- 
ment as an effect of that event, uniting with flam- 



105 

inp;, hut disappointed patriots, who had exerted all 
their abilities to bring- it about. Anionic the great 
body of the disafl'ccted, who were for altering the 
government, in order to enlarge the powers of the 
people, there were also to be discerned, many 
who wished to earry popular measures to such ex- 
tremes, as to shew their absurdity, and demon- 
strate the necessity of lessening the democratick 
principles of the constitution. The rage of the 
times excited all these parties, from diftbrent, and 
in some instances, from contrary motives, to at- 
tack the estaljlished system, without considering, 
if it were overthrown, upon whose plan it could 
be afterwards rebuilt. Thus was formed a che- 
quered, but numerous body, some have supposed 
a third part of the Commonwealth, to aid, or at 
least not to contend against, the resistance made 
to the sitting of the courts. 

To these, however, was opposed a still more 
powerful body, of which the men of property 
formed a material part. The holders of publick 
securities, and private creditors must, from mo- 
tives of safety, haAC inlisted on this side of the 
question. General principles of respect to au- 
thority, and habits of obedience, had not yet lost 
their influence over many loyal and respectable 
citizens. And the whole received a kind of ce- 
ll 



N 



106 

ment from patriots who saw the use which might 
be made of the commotions of the people by de- 
signing men, for the purpose of enslaving them; 
and who too sensibly recollected the blood and 
treasure, which had been expended in obtaining 
the constitution, to renounce it for temporary 
evils. Besides these, we may reckon a third body 
of citizens, whom neither the idea of grievances 
on the one hand, nor the love of the constitution 
on the other, could wholly draw off from a neu- 
tral station. 

With the ascendency or decline of these par- 
ties the progress of the army, the struggles of the 
insurgents, and the proceedings of the govern- 
ment, were intimately connected. 

On the 19th of January, the army rendezvoused 
at Roxbury, and reached Worcester on the 22d, 
the day preceding the sitting of the Courts of 
Common Pleas and General Sessions of the Peace, 
in that place. This march was performed, with 
minute attention to the feelings of the inhabitants, 
and was calculated to inspire them with ideas of 
protection. It is scarcely necessary to observe, 
that the Judicial Courts set at Worcester, without 
interruption from the insurgents, who, being un- 



107 

equal to the resist inq; of so respectable a Ibrce, 
had turned their attention to a difltrent object. 

While the government were quieting the low- 
er counties with even the appearance of their ar- 
my, a less flattering prospect opened in the west. 
PrcNiously to the marching of the troops from 
Roxbury, orders had deen given to General Shep- 
ard, to take possession of the post at Springfield. 
Here he accordingly collected about 900 men, 
and afterwards reinforced them with the addition 
of near 200, all from the militia of the comity of 
Hampshire. The continental arsenal furnished a 
sufficient number of field pieces, and such equip- 
ments as \\erc wanting for the men. To this 
respectable post the attention of the insurgents 
was directed in the first instance, and their ex- 
pectations were greatly raised, from a hope of car- 
rying it previously to the arrival of the army under 
General Lincoln. Their movements therefore, 
were towards West Springfield on the one side, 
where about 400 men a^iscmbled under the com- 
mand of Luke Day ; and towards the Boston road 
on the other, where 1100 more were headed by 
Shays liimself. Besides these, a piuc}- of about 
400 from the county of Berkshire, under the com- 
mand of Eli Parsons, were stationed in the north 
parish of Springfield. The first of these parties 



108 

undertook to stop and examine all passengers ; 
and cruelly wounded two persons, who submitted 
to their authority with reluctance. 

The insurgents having collected these forces, 
which were respectable from their numbers, and 
from the large proportion of old continental sol- 
diers ^vhich they contained, Shays, on the 24th of 
the month, sent a message to Day, informing him 
that he proposed to attack the post at Springfield 
the next day, on the east side ; and desiring that 
Day's forces might co-operate with him on the 
other. Whether Day found it really inconvenient 
to join in the the attack on the 25th, or whether he 
w^as desirous of having the whole honour of Gen- 
eral Shepard's surrender, which was anxiously ex- 
pected by the insurgents, he was induced to delay 
the projected plan ; and his reply to Shays's letter 
was, that he could not assist in the attack on the 
day proposed, but would do it on the 26th. This 
answer" however, was luckily intercepted by Gen- 
eral Shephard, and Shays took it for granted, that 
Day would co-operate with him, at the time he 
had mentioned. But instead of this. Day only 
sent in an insolent summons to General Shepard, 
acquainting him, that the body of the people as- 
sembled in arms, adhering to the first principles 



109 

ill nature, self preservation, did in the most pc - 
leniptory manner, demand 

" 1st. That the troops in Springfield should lay- 
down their arms. 

'' 2d. That their arms should be deposited in 
the publiek stores, under the care of the proper 
officers, to be returned to the owners at the termi- 
nation of the contest. 

" 3d. That the troops should return to their 
several homes upon parole." 

On the same day, Shays sent a petition, as it was 
termed, from Wilbraham, to General Lincoln, in 
which he observed, that from his unwillingness to 
be accessary to the shedding of blood, and from 
his desire of promoting peace, he was led to pro- 
pose, that all the insurgents should be indemnified, 
imtil the next sitting of the General Court, and 
until an opportunity could be had for a hearing of 
their complaints ; that the persons who had been 
taken by the government should be released, 
without punishment ; that these conditions should 
be made sure by proclamation of the Governour : 
On which the insurgents should return to tlicir 
homes, and wait for constitutional relief from the 
insupportable burdens imder which they laljour- 
ed. Wlien this petition was written, General 
Lincoln Mas two da} s marcli from Springfield ; 



110 

and if the object of it had been really pacifick. 
some time would have been allowed for an answer. 

The situation of General Shephard and his party, 
whom no one doubted the insurgents intended to 
attack with all their force, was truly alarming. 
His troops were decidedly inferiour in numbers 
to those of the enemy ; and though he was pos- 
sessed of artillery, yet he could derive little ad- 
vantage from works thrown up on such a sudden 
emergency. So doubtful was the issue of an at- 
tack upon him, in the mind of General Lincoln, 
and so great was the chance of Shay's gaining 
importance and numbers from success, that on the 
25th, General Brooks was called upon to march 
with the Middlesex militia to Springfield, as early 
as possible. 

While affairs were in this critical state. General 
Shepard, about 4 o'clock in the afternoon of the 
25th, perceived Shays advancing on the Boston 
road, towards the arsenal where the militia were 
posted, with his troops in open column. Possess- 
ed of the importance of that moment, in which 
the first blood should be drawn in the contest, the 
General sent one of his aids with two other gen- 
tlemen, several times, to know the intention of the 
enemy, and to warn them of their danger. The 



Ill 

purport of their answer was, tliiit they would 
have possession of the barraeks ; and they imme- 
diately marched onwards to ^\ ithin 250 yards of 
the arsenal. A message was again sent to inform 
them, that the militia were posted there by order 
of the Governour, and of Congress, and that if 
they approached nearer, they would be fired upon. 
To this, one of their leaders replied, that that was 
Lill they wanted ; and they advanced one hundred 
yards further. Necessity now compelled General 
Shepard to fire, but his humanity did not desert 
him. He ordered the two first shot to be direct- 
ed over their heads ; this however, instead of re- 
tarding, quickened their approach ; and the ar- 
tillery was at last pointed at the centre of their 
column. This measures was not without its ef- 
fect. A cry of murder arose from the rear of the 
insurgents, and their whole body was thrown in- 
to the utmost confusion. Shays attempted to dis- 
play his column, but it was in vain. His troops 
retreated with precipitation to Ludlow, about ten 
miles from the place of action, leaving three of 
their men dead, and one wounded on the field. 

The advantages which the militia had in their 
powTr, both from the disorder of this retreat, 
which was as injudicious as the mode of attack, 
and from the nature of the ground, would have 



112 

enabled them to have killed the greater part of 
the insurgents, had a pursuit taken place. But, 
the object of the commander was rather to tennfy, 
than to destroy the deluded fugitives. 

Notwithstanding this retreat. General Shep- 
ard, who had received no reinforcement, was un- 
der the strongest apprehensions of another attack 
from the whole body of the insurgents. Those 
on the west side of Connecticut river, under Day, 
had, from the intercepting of his answer to Shays' 
letter, been wholly inactive in the attack ; and 
probably, were more irritated than dismayed at 
the defeat. The main army was more than a 
day's march distant ; and Shays' party formed a 
junction with those under the immediate com- 
mand of Eli Parsons, the Berkshire leader, at 
Chickabee, on the 26th, though this was attended 
with the loss of two hundred men, by desertion. 

But the apprehensions of another attack at 
Springfield, were entirely allayed, by tlie arrival 
of the army under General Lincoln, on the 27th of 
January. Four regiments, three companies of 
artillery, a corps of horse, and a volunteer corps, 
appeared on that day at noon, and the remainder 
in the evening. The enemy were found posted 
as ^ve have described, and Day had placed guards 



113 

at the ferry house, and at the bridj^e over Agawam 
river, so that all communications from tlic north 
and west, by the usual routes, were cut oft". 

Notwithstanding the fatigue of a march, per- 
formed in an uncommonly severe winter, the 
army were ordered under arms at half past three 
o'clock, the same day on which they arrived. 
Four regiments, with four pieces of artillery, and 
the horse, crossed the river upon the ice, while 
the Hampshire troops, under the command of 
Oeneral Shepard, moved up the river, as well to 
prevent a junction of the party under Shays, who 
were on the east side, with those under Day, on 
on the west, as to cut off the retreat of the latter. 
It was also a great object by this manoeuvre, to 
encircle Day, with a force so evidently superior, 
as to prevent his people from firing, and thereby 
to avoid the shedding of blood. Upon the ap- 
pearance of the army on the river, the guard at 
the ferry house turned out, but forsook the pass ; 
and after a small shew of opposition, near the 
meeting house, retired in the utmost confusion. 
This was attended with the flight of all Day's 
party, who escaped to Northampton, with the loss 
of a very- small number, that were overtaken by 
the light horse. The insurgent forces under Shays, 
made no greater opposition, on the day following. 
15 



114 

When the army approached him, he immediate- 
ly began a retreat, through South-Hadley to Am- 
herst, supplying the hunger of his men by pkm- 
der. A person who acted as an Adjutant in his 
party, was killed ; which happened, according to 
report, by the excessive agitation of his men, who 
mistook their own rear guard, for an advanced 
party of General Lincoln's army. 

The appearance of things was exceedingly 
changed by the flight of the insurgents from 
Springfield. The jpublick mind had been im- 
pressed with a generous anxiety for the fate of 
General Shepard, and the very respectable body 
of militia, which he had the honour to command. 
The issue of the attack upon them did not whol- 
ly allay this concern. The defeat, though de- 
cisive, was not attended with such loss, as could 
discourage so large a body of men, as the insur- 
gents had collected, from further attempts, espe- 
cially if actuated by the motives which they pre- 
tended to hold out. The apprehensions of the 
inhabitants had been also greatly raised, from the 
various reports of the numbers and objects of the 
insurgents ; and more than all, from the aid 
which they affected to rely on, from secret, but 
influential characters within the state, and the dis- 
contented of neighbouring governments. From 



115 

such idcvis, the mccling of the two armies in lull 
force, at Springfield was dreaded by all, in whose 
minds the tranquillity of the countr}- was the 
primary object. But these fears wholly vanished, 
by the dispersing of the insurc^ent forces, and a 
security naturally arose from the fliittcrinGj view 
of their broken and forlorn condition. Orders 
were therefore immediately issued for the return 
of the Middlesex militia, who, to the number of 
about two thousand men, had begun their march, 
and were entering the county of Worcester, which, 
it was at this time conjectured, might be protected 
by the forces originally raised. 

The march of this body, however, was not with- 
out very beneficial effects to the publick cause, 
which the friends of the insurgents were artfully 
undermining, with the specious pretext of pre- 
venting the shedding of human blood. Under 
this idea, they opposed the raising of men for the 
army, and endeavoured to turn the general sense 
of the people against the measures of government, 
as precipitate and cruel. In Middlesex, an at- 
tempt was actually made, under the cover of this 
humane principle, to raise another convention, 
for devising means of settling the publick com- 
motions, by other ways than those which the ex- 
eautivc authority had directed. The motion of 



116 

the troops under General Brooks, enabled him to 
adopt a decisive and spirited mode of conduct, 
which effectually stifled this baneful project in its 
infancy ; and it demonstrated, what began to be 
questioned — that the repeated disappointments of 
the people of that county, in not marching, after 
very troublesome and expensive preparations for 
the field, had not destroyed their obedience to the 
commands of the government. 

The pursuit of Shays and his party, which 
commenced at two o'clock in the morning, was 
continued till the army reached Amherst, through 
which place, however, he passed before their ar- 
rival, on his way to Pelham, with the main body 
of his men. General Lincoln, finding the enemy 
out of his reach, directed his march to Hadley, 
the nearest place which could be found to afford 
a cover for his troops. Upon an examination of the 
houses at Amherst, it was discovered, that most of 
the male inhabitants had quitted them to follow 
the insurgents ; and that ten sleigh loads of provis- 
ions had gone forward from the county of Berk- 
shire for their use. Under such appearances, a 
strict prohibition was laid upon the remaining 
inhabitants, against affording any supplies to their 
deluded neighbours. 



117 

The morning iifter the arrival of the army at 
Hacllcy, iulbrmatiou was received that a biuall 
number of General Shepard's men had been 
captured at Southampton, and tliut the enemy's 
party still eonlinued there. The Brookficld vol- 
unteers, consisting of fifty men, and commanded 
by Colonel Baldwin, were sent in sleighs, with 100 
horse, under the command of Colonel Crafts, to 
pursue them. They were soon found to consist 
of eighty men with ten sleighs, and at twelve 
o'clock the same night were overtaken at Middle- 
field. They had quartered themselves in separate 
places ; and about one half of them, with one 
Luddington their captain, being lodged in a house 
together, were first surrounded. It was a singu- 
lar circumstance, that among the government's 
volunteers, happened to be General T upper, who 
had lately commanded a continental regiment, in 
which Luddington had served as a Corporal. The 
General, ignorant of the character of his enemy, 
summoned the pai-ty to surrender. How aston- 
ished was the Corporal at receiving the summons, 
in a voice to which he had never dared to refuse 
obedience ! A momentary explanation took place, 
which but heightened the General's commands. 
Resistance was no longer made, the doors were 
opened, and a surrender was agreed to. By this 
^ime, the rest of the party had paraded under 



118 

arms, at the distance of 200 yards, where they 
were met by a number of men prepared for their 
reception. Both sides were on the point of fir- 
ing, but, upon an artful representation of the 
strength of the government's troops, the insur- 
gents laid down their arms, and fifty-nine prison- 
ers, with nine sleigh loads of provisions, fell into 
the hands of the conquerors, who returned to the 
army on the day following. 

The whole force of the insurgents having taken 
post on two high hills in Pelham, called east and 
west hills, which were rendered difficult of access 
by the depth of the snow around them. General 
Lincoln, on the 30th of January, sent a letter di- 
rected to Captain Shays, and the officers com- 
manding the men in arms against the government 
of the Commonwealth, as follows : 

*' Whether you are convinced or not of 
your error in flying to arms, I am fully persuad- 
ed that before this hour, you must have the full- 
est conviction upon your own minds, that you 
are not able to execute your original purposes. 

" Your resources are few, your force is incon- 
siderable, and hourly decreasing from the disaf- 
fection of your men ; you are in a post where you 



119 

have neither cover nor supplies, and in a situation 
in which you can neither give aid to your friends, 
nor discomfort to the supporters of good order 
and government. — Under these circumstances, 
you cannot hesitate a moment to disband your 
dehided followers. If you should not, I must ap- 
proach, and apprehend the most influential char- 
acters among you. Should you attempt to fire 
upon the troops of government, the consequences 
must be fatal to many of your men, the least 
guilty. To prevent bloodshed, you will com- 
municate to your privates, that if they will in- 
stantly lay down their arms, surrender themselves 
to government, and take and subscribe the oath of 
allegiance to this Commonwealth, they shall be 
recommended to the General Court for mercy. 
If you should either withhold this information 
from them, or suflfer your people to fire upon our 
approach, you must be answerable for all the ills 
which may exist in consequence thereof." 

To this letter the following Answer was re- 
ceived. 

" Pelham^ January ^Qth^ 1787. 
" To General Lincoln, commanding the govern- 
ment troops at Hadley. 

*' SIR, 

, "The people assembled in arms from the 
counties of Middlesex, Worcester, Hampshire and 



120 

Berkshire, taking into serious consideration the 
purport of the flag just received, return for an- 
swer, that however unjustifiable the measures may- 
be which the people have adopted, in having re- 
course to arms, various circumstances have induc- 
ed them thereto. We are sensible of the embar- 
rassments the people are under ; but that virtue 
which truly characterizes the citizens of a repub- 
lican govenment, hath hitherto marked our paths 
with a degree of innocence ; and we wish and trust 
it will still be the case. At the same time, the 
people are willing to lay down their arms, on the 
condition of a general pardon, and return to their 
respective homes, as they are unwilling to stain 
the land, which we in the late war purchased at 
so dear a rate, with the blood of our brethren and 
neighbours. Therefore, we pray that hostilities 
may cease, on your part, until our united prayers 
may be presented to the General Court, and we 
receive an answer, as a person is gone for that 
purpose. If this request may be complied with, 
government shall meet with no interruption from 
the people, but let each army occupy the post 
where they now are. 

. " DANIEL SHAYS, Captain:' 

On the next day, three of the insurgent leaders 
came to Head Quarters with the following letter. 



121 

" The Honourable General Lincoln. 
'' Sir, 
*' As the ofliccrs of tlic people, now convened 
in defence of their rights and privileges, have sent 
a petition to the General Court, for the sole pur- 
pose of accommodating our present unhappy af- 
fairs, we justly expect that hostilities may cease 
on both sides, until ^vc have a return from our 
legislature. 

" Your Honour will therefore be pleased to give 
us an answer. 

*' Per order of the committee for reconciliation. 

"FRANCIS STONE, Chairman. 
" DANIEL SHAYS, Captain. 
"ADAM WHEELER. 

^^ Pelham, Januarij 31, 1787." 
To this the following Answer was sent. 

'■^ Hadley, January 31^^, 1787. 

" CENTLEI^IEN, 

" YOUR request is totally inadmissible, as no 
powers are delegated to me which would justify a 
delay of my operations. Hostilities I have not com- 
menced, 

16 



122 

" I have again to warn the people in arms a- 
gainst government, immediately to disband, as they 
would avoid the ill consequences which may en- 
sue, should they be inattentive to this caution. 

"B. LINCOLN. 

" To Francis Stone, 
Daniel Shays, 
Adam Wheeler." 



These communications on the part of the in- 
surgents, were backed by committees from disaf- 
fected towns, who began to lose confidence in 
the strength of their party, and therefore thought 
it time to attempt an accommodation. This they 
carried on conveniently enough, under the pre- 
tence of preventing the effusion of blood, without 
betraying the true motives of their application. 
The answer which was given them, though pro- 
bably not very consonant to their feelings, could 
not have been without its effects. They were 
advised to exert their abilities, to vi^ithdraw the 
men belonging to their several towns, from the 
body of the insurgents, which would effectually 
secure them from harm, and destroy the unlawful 
combination, that alone had endangered the lives 
of the people on either side. 



123 

Diirini^ these ncj^otiations between the ami} 
and the insurp;ents, the time arrived for the as- 
sembHni^ of the lej^ishiture. But such was the 
general confusion of aftliirs throughout the stiite, 
that a suflicient number of representatives could 
not be collected until the third of February, 
which was the fourth day after the time of ad- 
journment. The Court then acquainted the Gov- 
crnour, that they \verc prepared to receive his 
communications, and he addressed them by a 
speech from the chair, which contained a retro- 
spective account of the malcontents, as to their 
views and proceedings, and of the measures which 
the government had adopted to oppose them. 
Vigour and energy were strongly recommended, 
as the proper means of crushing so unprovoked 
an insurrection, while a want of them might draw 
on the evils of a civil war. A reimbursement of 
the monies borrowed for raising the militia, was 
also advised, with an adequate provision for de- 
fraying the general expense of the campaign, and 
several secondary measures for the same purpose. 

Affairs had been brought to such a cr»Is, that 
there was no room left for the legislature to \\'aver 
in their opinions, or to delay their measures. The 
whole community were in an alarm, and the ap- 
peal to the sword was actually made. One army 



124 

or the other was to be supported, and there could 
be no hesitation in the mind of any reasonable 
man, which it ought to be. On the next day, 
therefore, a declaration of Rebellion was unani- 
mously passed in the Senate, and concurred by 
the lower House. This however was accompa- 
nied by a resolve, approving of General Lincoln's 
offer of clemency to the privates among the insur- 
gents, and empowering the Governour in the name 
of the General Court to promise a pardon, under 
such disqualifications, as should afterwards be 
provided, to all privates and noncommissioned of- 
ficers, that were in arms against the Common- 
wealth, unless excepted by the general officer com- 
manding the troops, upon condition of their sur- 
rendering their arms, and taking and subscribing 
the oath of allegiance, within a time to be prescrib- 
ed by the Governour. 

On the same day, an answer was also sent to the 
Governour's speech. In this the Court informed 
his Excellency of their entire satisfaction, in the 
measures which he had been pleased to take for 
subduing a turbulent spirit, that had too long in- 
sulted the Government of the Commonwealth ; 
and congratulated him on the success which had 
attended them. They earnestly intreated him 
still to continue them, with such further consti- 



125 

tutional measures, as lie mi^ht think ncccssar}, 
to extirpate the spirit of rebellion ; for the better 
enabling of him to do wiiich, they thought it ne- 
cessary to deelarc that a rebellion existed. They 
assured him of the most effectual measures being 
used, for paying the army, and reimbursing the 
monies which had been generously advanced for 
their support. They accorded "vvith the Gov- 
emour, in his idea of the propriety of vigorous 
measures ; and requested him, in case the num- 
bers of the militia who were inlistcd should be 
too small, or the time for which they were to 
serve, too short, that he would increase them, and 
continue them in service, initil the objects in 
view should be completely accomplished. They 
subjoined, that they would vigorously pursue 
every measure, which would be calculated to 
support the constitution, and would continue to 
redress any real grievances, if such should be 
found to exist. 

Agreeably to the assurances contained in this 
address, the legislature passed an act, for appro- 
priating 40,000/. of the impost and excise duties, 
for reimbursing the loan of monies, borrowed for 
suppressing the rebellion : And they unanimous- 
ly passed a resolve, approving of the spirited con- 
duct of General Shepard, and the militia of his 



126 

division, in their defence of the arsenal at Spring- 
field, against the attack of the insurgents. 

The accounts of the numbers, resources and 
objects of the malcontents continued to be ex- 
ceedingly variant ; and from the measures of 
government, it is probable, that their real strength 
differed greatly at different times. When they 
were dispersed at Springfield, such w^as the hope- 
less prospect before them, that 2000 militia who 
were marching to aid the army, were discharged 
by the commanding officer, as we have mentioned, 
for want of employment. But upon their taking 
post at Pelham, their importance increased to 
such a degree, as to produce a further requisition 
for men, and the Governour accordingly issued 
his orders, for 2600 of the militia in the middle 
counties, to take the field. 

The petition mentioned in the letter from Shays 
and his associates, at Pelham, was in fact presented 
to the legislature, and was conceived in the follow- 
ing terms. 

*' Commonwealth of Massachusetts. 

*' To the Honourable the Senate, and the 
Honourable House of Representatives, in 
General Court assembled at their next Session. 



127 

"^'/ Petition of the Officers of the counties 
of JForcester, Hampshire^ MuldleseXy arid Berk- 
shire^ noxu at arinSj 

" HUMBLY SHEWETII, 

" That your petitioners being sensible that we 
have been in an error, in havini^ recourse to arms, 
and not seeking redress in a constitutional way ; 
we therefore heartily pray your honours, to over- 
look our failing, in respect to our rising in arms, 
as your honours must be sensible, we had great 
cause of uneasiness, as will appear by your re- 
dressing many grievances, the last session ; yet 
we declare, that it is our hearts' desire, that good 
government may be kept up in a constitutional 
way ; and as it appears to us, that the time is near 
approaching, when much human blood will be 
spilt, unless a reconciliation can immediately take 
place, which scene strikes us with horror, let the 
foundation cause be where it may : 

" We therefore solemnly promise, that we will 
lay down our arms, and repair to our respective 
homes, in a peaceable and quiet manner, and so 
remain, provided your honours will grant to your 
petitioners, and all those of our brethren who 
have hud recourse to arms, or otherwise aided or 
assisted in our cause, a general pardon for their 



128 

past offences. — All which we humbly submit to 
the wisdom, candour and benevolence of your 
honours, as we in duty bound shall ever pray. 

" FRANCIS STONE, Chairman of the 
committee for the above counties, 

" Read and accepted by the officers. 
" Pelham, January 30, 1787." 

By this petition it appears, that the insurgent 
officers intended to open a treaty, and to avail 
themselves of the force which they had collected, 
amounting by general computation to 2000 men, 
for the purpose of obtaining advantageous terms. 
And it became a prevailing sentiment, that a re- 
gard for the safety of their leaders, some of whom 
had been partly compelled to accept of their ap- 
pointments, held the armed body together at 
Pelham. But the court, whose decision upon this 
petition was not concluded till the 8th of Febru- 
ary, did not seem inclined to encourage such a 
treaty ; as appears from the following proceedings. 

"A Paper called a petition from the officers 
of the counties of Worcester, Hampshire, Middle- 
sex and Berkshire, now at arms, and signed by 
Francis Stone, chairman of the committee from 



]29 

the abo\c counties, and addressed to the General 
Court, was read : 

" Whciifcupon Voted, That the said paper can- 
not be sustained : 

" I'lrsf, Because those concerned therein, open- 
ly avow themselves to be at arms, and in a state 
of hostility against the government ; and for this 
reason alone, the said paper would be unsus- 
tainable, even if the tenour of the application had 
discovered a spirit suitable to the object of it. 

" Secondly, Because it docs not appear, what 
officers, or how many are represented in the said 
paper, or that the said Stone had authority from 
any officers whatever, to make the application by 
him subscribed. 

" Thirdly, Because the applicants, although 
they call themselves petitioners, and acknowledge 
an " error," yet consider that error only as " a 
failing," and attempt, at least, in part, to justify 
themselves therein. 

*' Fourthly, The said applicants appear to view 
themselves on equal, if not better standing than 
the legislature, by proposing " a reconciliation." 

" Fifthly, They appear to threaten the authority 
and government of the Commonwealth, with great 
effusion of blood, unless this "reconciliation" can 
immediately take place. 
'^^ 17 



130 

" Sixthly, They implicitly declare their deter- 
mination to continue in arms, unless all who now 
are, and who have been in a state of open war with 
the government, including those who have been 
apprehended, and are now in custody, as well as 
all others who have any way aided or assisted in 
their cause, can have another full pardon granted 
for all offences, in addition to that which they 
have so lately despised. 

" Seventhly, If the paper presented had been a 
proper petition, subscribed by the persons who 
desire a pardon, and expressive of a due sense of 
their crime, with proper resolutions of amend- 
ment, yet their engagements could not be de- 
pended on, as their cause has been supported by 
a multitude of falsehoods ; and as no engage- 
ments can be more solemn than those made by 
the leaders of the rebels in the county of Middle- 
sex, on the week before the Judicial Courts sat last 
in the said county, that they would not take any 
measures to obstruct the sitting of the said Courts ; 
which engagements were so far regarded, as to 
induce the commander in chief, to write counter 
orders to a considerable part of the militia, whom 
he had ordered to be detached ; and yet those en- 
gagements were on the next day violated." 

The insurgents, however, did not wait at Pel- , 
ham for the result of their petition to the legisla- 



131 

turc. One of their leaders requested a private 
conference with an oflicer of the army, upon the 
pretended subject of a promise of pardon to all the 
principals of his party. This was granted ; and 
took place on the 3d of February. But, ^\hile 
the conference was holding, and while the atten- 
tion of the army was attracted by it, the insurgents 
withdrew themselves from Pelham, and marched 
to Petersham. Whether this was occasioned by 
their post being reconnoitred the preceding day, 
or by a wish of being situated more advantage- 
ously for a supply of provisions, and a communi- 
cation wiUi their friends, is uncertain. Their 
movement was remarkable, for its being the last 
time they appeared in any considerable force ; and 
for its having given rise to one of the most inde- 
fatigable marches, that ever was performed in 
America, 

Information of the enemy's being in motion, 
w'as brought to General Lincoln, at Hadley, at 
twelve o'clock the same day on which it happen- 
ed. But it was then supposed, to have been on- 
ly a removal from the west to the east hill in Pel- 
ham, Orders however, were issued for the army 
to be in readiness to march, with three days pro- 
visions, at a moment's warning. At six o'clock 
undoubted intelligence was received, that the in- 



132 

surgeiits had really left their post, and gone east- 
ward. In two hours from this, the army pro- 
ceeded after them. Nothing more than the usual 
inclemency of the season opposed their march 
until two o'clock in the morning, by which time 
they had advanced as far as New- Salem. Here 
a violent north wind arose, and sharpened the 
cold to an extreme degree ; a snow storm accom- 
panied, which filled the paths ; the route of the 
army lying over high land, exposed the soldiers 
to the full effects of these circumstances, while 
on their way ; and, the country being thinly set- 
tled, did not afford a covering for them within 
the distance of eight miles. Being thus deprived 
of shelter by the want of buildings, and of re- 
freshments — by the intenseness of the cold, which 
prevented their taking any in the road, their only 
safety lay in closely pursuing a march, which was 
to terminate at the quarters of the enemy. They 
therefore advanced the whole distance of thirty 
miles, subject to all these inclemencies, without 
halting for any length of time. Their front reach- 
ed Petersham by nine o'clock in the morning, 
their rear being five miles distant. 

It has been thought by some, that in this state 
of the troops under government, had the insur- 
gents possessed any considerable degree of vigil 



ance or discipline, they might have given them a 
severe check, if not a total defeat. These seeming 
advantages arose from unforeseen circumstances, 
and from causes which no human power could 
control. The opposcrs of government had, at 
this moment, all the advantages which they could 
ever expect to enjoy. Their men had been lodg- 
ed in w:u-m houses, and were capable of entering 
into action with alertness, whilst their pursuers were 
suft'ering exceedingly from the cold, and were 
greatly worn down with fatigue. The general 
however, advanced with the utmost conlidence 
of success, being well acquainted with every inch 
of ground he had to tread in his approach to the 
town ; and ha\ ing his flanks covered from any 
sudden impression, by a \ery deep snow, so crust- 
ed as nearly to bear a man. He knew therefore 
that he could not be anno} ed, but in front, in a 
very narrow sled path, which, having a part of 
his artillery advanced, he could command to a 
very great distance. If the insurgents possessed 
advantages, they were lost by an idea of their own 
security, from w hieh they were first awakened by 
an advanced guard led into the town by Colonel 
Haskell. A company of artillery with two pieces 
of cannon immediately followed, and the whole 
body of the army was brought up as e:irly as pos- 
sible. Nothing seemed to be more foreign from 



134 

the expectations of the insurgents, than a pursuit 
through so many difficulties, and in so short a 
time. The surprise was therefore complete, and 
they instantly evacuated the houses, thronging 
into a back road which leads towards Athol. 
Through this they quitted the town in great con- 
fusion, scarcely firing a gun. They were pursued 
about two miles, and one hundred and fifty of 
them were taken prisoners. Many retired to their 
own homes, and the rest, including all their prin- 
cipal officers, fled into the states of New- Hamp- 
shire, New- York and Vermont. The privates 
among the prisoners, after being disarmed, and 
taking the oath of allegiance, received passports 
to return to their several homes. 

The news of the arrival of the army at Peters- 
ham, and of their success in dispersing the insur- 
gents, reached the court by a message from the 
Governour, on the 6th of February. It gave 
great support to the friends of the government, 
who were, after this, no longer doubtful of the 
sense and determination of the people to maintain 
the publick cause. But notwithstanding the dis- 
abled situation of the Ynaleontents, the court, at 
first, did not incline to countermand the orders for 
raising the 2600 men ; judging it the most certain 
means of preventing bloodshed, to appear with a 



135 

decided superiority of force. These orders, liow- 
ever, were necessarily superceded, upon furtlier 
information from the army, wliich induced the 
two Houses, on the 8th of February, to rcsohe 
that a number of men not exceeding 1500, should 
be inlisted to serve for four months, unless sooner 
discharged. And they, at the same time, request- 
ed the Governour to issue a proclamation, offer- 
ing a reward not exceeding 150/. for apprehend- 
ing either of the leaders in the rebellion, and to 
write to the Governours of other states, to request 
them to issue similar proclamations for the same 
purpose. The legislature also, in their answer to 
the Governour, expressed the high sense which 
they entertained of the ardour and zeal of General 
Lincoln, and the army under his command, in 
performing the march from Hadley to Petersham, 
"M ith only a momentary halt, and in repelling the 
rebels ; and desired that it might be communi- 
cated to them. 

The routing of the insurgents at Petersham, 
changed the mode of their carrying on their con- 
test. After this, it was in vain for them to at- 
tempt an opposition to the army, by a collected 
force. They therefore determined to harass the 
inhabitants in small parties by surprise. This 
mode of offence was attended with rancour, rob- 



136 

bery and murder. The evils of war had before 
been gathered and confined to one spot ; but they 
were, by these means, scattered through the Avhole 
western part of the state. 

The disqualifications which were to be the con- 
ditions of indemnity to the rebels, could not be 
brought to a conclusion, until the 16th of Febru- 
ary. A subject so new and unassayed in Massa- 
chusetts, as that of disfranchising the citizens, was 
necessarily attended with many perplexities. This 
was the point at which the future character of the 
offenders, and of their cause, was to be fixed in 
the publick opinion. The effect of their punish- 
ment greatly depended upon the assent of man- 
kind to the justice of it ; and this was to be ob- 
tained, only by the exactest proportion between 
the penalty and the crime. It was easy to foresee, 
that if the former exceeded the most moderate 
limits, numbers, instead of being deterred at the 
fate of the culprits, would forget or excuse their 
crimes, and become advocates for them, as the 
oppressed victims of power. To punish in such 
a case, was truly a critical task ; and delay was 
the least inconvenience which could happen, in 
settling a measure, that scarce any length of time 
would have been mispent in considering. The 
substance of these conditions, which extended 



137 

only to noncommissioned officers and privates, linal- 
ly was, that the oflbndcrs, having- laid down their 
arms, and taken the oath of allegiance to the 
Commonwealth, should keep the peace for three 
years ; and during that term, should not serve as 
jurors, be eligible to any town office, or any oth- 
er office under die government ; should not hold 
or exercise the employments of schoolmasters, 
innkeepers, or retailers of spirituous liquours, or 
give their votes, during the same term of time, for 
any officer civil or militarj', within the Common- 
wealth ; Unless they should, after the first day of 
May, A. D. 1788, exhibit plenary evidence of 
their having returned to their allegiance and kept 
the peace, and of their possessing an unequivocal 
attachment to the government, as should appear 
to the General Court, a sufficient ground, to dis- 
charge them from all or any of these disqualifica- 
tions. 

The Governour was empowered to dispense 
with the whole, or any part of these conditions of 
indemnity, to all such privates as, haA'ing borne 
arms against the go\'ernment, voluntarily took 
up arms in its support, previously to the first of 
February ; and to such as, agreeably to the pro- 
posals of General Lincoln of the 29th and 30th 
of January, voluntarily came in, surrendered their 
18 



138 

arms, and took and subscribed the oath of allegi- 
ance, within three days. The persons absolutely 
excepted from the indemnity, were included in 
the following descriptions. — Such as were not 
citizens of the state ; such as had been members 
of any General Court in the state, or of any state 
or county convention, or had been employed in 
any commissioned office, civil or military ; such 
as, after delivering up their arms, and taking the 
oath of allegiance during the rebellion, had again 
taken and borne arms against the government ; 
such as had fired upon, or wounded any of the 
loyal subjects of the Commonwealth ; such as had 
acted as committees, counsellors, or advisers to 
the rebels ; and such as, in former years, had been 
in arms against the government, in the capacity 
of commissioned officers, and were afterwards par- 
doned, and had been concerned in the rebellion. 

The unanimity which had prevailed in the Gen- 
eral Court during the session, was interrupted at 
the passing of this law. The friends to lenient 
measures, by this time, began again to advance 
their sentiments. Petitions from more than twen- 
ty towns had appeared, to request the liberation 
of the state prisoners, and, in some instances, the 
recal of the state's army, under the humane idea 
of preventing the shedding of blood. This party 



139 

therefore, took the present opportunity, to inter- 
cede lor persons whom the} could not justify ; 
and to mitigate a punishment, which the crimin- 
al perserverance of the rei)els had made it impos- 
sible further to delay or avoid. It was urj^ed, 
that the i^^overnment was put beyond danj^er ; and 
to pursue the pubiiek enemy further than the 
publick safety directed, was for them to discover 
passion and resentment, which no government 
ought to entertain. That the sooner a spirit of 
conciliation was introduced among individual 
citizens, who, from taking different sides, had be- 
come either elated with success, or mortified from 
the want of it, the sooner f)ublick tranquillity 
would be restored, and the government be estab- 
lished in the affections of the people. That, to 
effect this great end, caution also should be used 
not to render those persons desperate, who had 
been led into the rebellion from misinformation 
and ignorance, A\hich was the misfortune of a 
large number of honest and substantial citizens. 
That odious distinctions would have this unhap- 
py effect, and the best characters might be shut 
out, rather than submit to terms, which they 
should think beyond their crimes ; while bad men, 
who would comply m ith them only in appearance, 
might avail themselves of such terms to the injur}- 
of the CommcuiM'calth. That the rebellion, how- 



140 

ever unjustifiable, had in fact engaged large num- 
bers on its side, and good policy evidently direct- 
ed, rather to recal them to the bosom of their 
country, than to weaken the state by their final 
expulsion. In answer to these arguments, the 
magnitude of the crime, and the nature of the dis- 
qualifications, were urged. Some test, it was 
said, ought evidently to be required of persons 
who had taken the last means of resisting the gov- 
ernment, and overturning the constitution : And, 
whenever repentance appeared, means were pro- 
vided for the total exculpation of the ofienders, 
after the expiration of a very few months. 

The advocates for the insurgents had so often 
pledged themselves for their reformation, on con- 
dition of lenient measures being adopted; and 
these had so often failed of effecting this desirable 
purpose, that their observations were at length less 
attended to than usual, and possibly less than they 
deserved. And it was unfortunate to their influ- 
ence, that, in this instance^ as had before been the 
case, the conduct of the rebels flatly contradicted 
every argument which they could raise in their 
favour. While the disqualifying bill was under 
debate in the lower house, and at the moment a 
respectable member of the minority was endeav- 
ouring to soften the conditions, letters were re- 



141 

ccived from General Lincoln, who, by that time, 
had proceeded into the county of Berkshire, stating 
the obstinac}- and malignant conduct of the rebels 
in such a manner, as literally to shut his mouth : 
And tlic bill was carried. 

The rebels having fled in various directions, 
when the army arrived at Petersham, the General, 
after dismissing three companies of artillery, and 
ordering two regiments to Worcester, directed his 
attention towards Northficld, in the neighbour- 
hood of which place, many of the fugitives had 
taken shelter. But, an express arrived from Ma- 
jor General John Patterson, the commander of 
the militia in Berkshire, which occasioned an al- 
teration in his plan. 

While the army were on their march, the 
insurgents in that county who had not join- 
ed their main body under Daniel Shays, en- 
deavoured to support their cause, and distract 
the attention of government, by appearing under 
arms in their own neighbourhood. The friends 
to good order also, were not inactive upon the 
occasion. It was conjectured by them, that the 
malcontents, from a want of resources, would be 
dispersed by the army under General Lificoln ; 
imd, in that case, they supposed it more than 



142 

probable, that Shays would seize on the heights 
which lie between the counties of Hampshire and 
Berkshire, where strong posts were to be found, 
and the passes easily defended ; and, thus situated, 
would draw the means of his subsistence, from the 
towns well affected to government, which abound- 
ed in plenty ; securing also, perhaps, the most im- 
portant characters as hostages. They therefore, 
voluntarily associated to the number of about 
500, for the defence of themselves, and of the 
publick cause. In this body, most of the re- 
spectable inhabitants of the county were to be 
found, and men of the first importance submitted 
to the duty of the ranks. The insurgents began 
to assemble at West Stockbridge, under one Hub- 
bard, who posted himself at the meeting of three 
roads, for the convenience probably, of collecting 
men. Here he drew together about 150 or 200 
of the disaffected. It was conceived to be abso- 
lutely necessary, to disperse this party, before their 
numbers should grow more respectable. The 
whole body of the friends to government were 
ordered to march for this purpose, in several di- 
rections which the roads naturally pointed out, 
and which would enable them to surround the 
enemy. On the approach of an advanced party, 
consisting only of thirty-seven infantry, and seven 
gentlemen on horseback, they ^vere fired upon by 



143 

Hubbard's sentries ; and the wliolc of his men 
were instantly put into good order, and com- 
manded to iirc. But, sueh was the cflect of their 
situation upon their minds, that they staggered 
apparently. Timely advantage was taken of their 
panick : A gentleman* whom they well knew, 
rode up to their front, and directed them to lay 
down their arms, \\ hieh many of them complied 
with, whilst others fled. A firing took place be- 
tween scattering parties on both sides, by ^v•hich 
two of the insurgents were wounded. P^ighty- 
four of them, among whom was Hubbard himself, 
Avere made prisoners ; and most of these, after be- 
ing disarmed, were admitted to the oath of allegi- 
ance, and sent home. The express informed, 
that the insurgents had afterwards collected, in 
the town of Adams ; but, upon General Patter- 
son's approach, they separated, with an intention 
of collecting again at Williamstown. Here also, 
upon his appearing, they were again scattered. 
That there seemed, nevertheless, such a disposi- 
tion in the insurgents to embody, in order to pre- 
vent the sitting of the courts, and such numbers 
were actually upon their march towards A\ ash- 
ington, under the direction of a Major W^ilcy, as 



* The Hon. Theodore Sedgwick, Esq. one of the pi*cscnt 
Judi^es of the Superior Court — 1810. 



144 

made his situation unsafe, and he earnestly re- 
quested assistance from the main army. 

Upon this information, General Lincoln direct- 
ed his march immediately for the county of Berk- 
shire, passing through the towns of Amherst, 
Hadley, Chesterfield, Partridgefield and Worthing- 
ton, into Pittsfield ; while another division of the 
army under General Shepard, marched to the same 
place, by a different rout. But before their ar- 
rival there, an adjustment took place between the 
insurgents, who had collected about two hundred 
and fifty men in the town of Lee, in order to stop 
the courts, and the militia, who mustered to the 
number of about three hundred, with a deter- 
mination to protect them. The substance of the 
agreement was, that the insurgents should dis- 
perse, and that the commander of the militia 
should, in case they were pursued by government, 
use his personal endeavours, to have them tried 
within their own county. 

When the army arrived at Pittsfield, a party 
were immediately detached in sleighs, under the 
command of the Adjutant General, to the town of 
Dahon, in pursuit of Wiley; and another under 
the command of Captain Francis, on a similar un- 
dertaking to Williamstown. Both of them return- 



145 

ed on the next day. The first party took six 
prisoners, amoni^ whom was Wiley's son; Wiley 
himself having made his eseape. The other par- 
ty took fonrteen prisoners, after meeting with 
some resistance, in which one of their men was 
wounded. 

W^hile the army were marching through the 
country, and bearing down all opposition before 
them, a spirit of uneasiness frequently broke out 
in their rear. In the county of Worcester, where 
Major General Jonathan Warner was in command, 
a number of the insurgents assembled at New- 
Braintree, making prisoners of travellers, and in- 
sulting the friends of government. Upon in- 
formation of this, on the 2d of February, a party 
of about one hundred and fifty in sleighs, and 
twenty on horseback, were dispatched from Wor- 
cester, to disperse them. On the approach of this 
force, the insurgents went some distance from 
their quarcers, and secreted themselves behind the 
stone walls : Hence they fired upon the militia, 
and immediately fled to the woods. Two per- 
sons were badly wounded by their fire, but the 
party pursued their course to a house, where the 
main body of the insurgents were supposed to 
have been lodged. Upon their arrival here, how- 
ever, they were greatly disappointed, in finding 
19 



14G 

only a few of the enemy, who had been placed as 
a guard over dieir prisoners ; the rest having ef- 
fected their escape. They therefore proceeded to 
Rutland, and returned the next day, with four of 
the insurgents whom they had captured. 

The effects which the defeat of the malcontents 
had impressed upon the minds, and which they 
wished to communicate to their friends, who had 
tarried behind, were remarkably discovered by 
the following letter, which was transmitted into 
the state, as it is said, by one of their leaders. 

'■^ Berkshire y February 15, 1787. 
"friends and fellow sufferers, 

" Will you now tamely suffer your arms to be 
taken from you, your estates to be confiscated, 
and even swear to support a constitution and 
form of government, and likewise a code of laws, 
which common sense and your consciences de- 
clare to be iniquitous and cruel ? And can you 
bear to see and hear of the yeomanry of this Com- 
monwealth being parched, and cut to pieces by 
the cruel and merciless tools of tyrannical power, 
and not resent it even unto relentless bloodshed ? 
Would to God, I had the tongue of a ready wri- 
ter, that I might impress oayour minds the idea 
of the obligation you, as citizens of a republican 



147 

government, rj-c inukr to support those rights and 
privikgcs that the God of nature hath entitled 
vou to. Let nie now persuade you, by all die 
sacred ties of friendship, which natural afTectioii 
inspires the human heart with, immediately to 
turn out and assert your i ights. 

" The first step that I would recommend, is to 
destroy Shcpard's army, then proceed to the coun- 
ty of Berkshire, as we are now collecting at New- 
Lebanon, in York state, and Pownal, in Vermont 
state, ^\ ith a determination to carry our point, if 
fire, blood and carnage will effect it : Therefore, 
we beg that e^ery friend will immediately pro- 
ceed to the county of Berkshire, and help us to 
Burgoyne Lincoln and his army. I beg this may 
immediately circulate through } our county. 

" I am, gentlemen, in behalf of myself and other 

officers, 

*' Your humble servant, 

"ELI PARSONS." 

On the 16th of February, General Shepard de- 
tached a party of horse from Northfield, under 
the command of Captain Samuel Buffington, for 
the purpose apprehending certain insurgents, who 
had fled to Vermont. Upon their arrival, within 



148 

that government, although they procured a war- 
rant from a magistrate, to apprehend the objects of 
their search, yet the people assembled in such 
numbers, and evidenced such a hostile disposition 
towards them that they were obliged to relinquish 
their pursuit, and return to Massachusetts. They 
however, in the evening, sent a small number from 
their body, among whom was Mr. Jacob Walker, 
to secure one Jason Parmenter, who had acted as 
a Captain with the insurgents. Unfortunately for 
Walker, they soon overtook the person whom they 
were sent after, accompanied in his flight by sev- 
eral others. The sleighs of the opposite parties, 
unexpectedly run upon each other ; and, on Par- 
menter's hailing, and receiving no answer, he or- 
dered his men to fire ; but mischief was prevent- 
ed, by their guns not going off. Parmenter and 
Walker then raised their pieces together and fired. 
The latter was shot through the body, and died 
in half an hour. The survivor and his associates, 
escaped by the help of the woods and a deep 
snow, into Vermont, where however, they were all 
taken the next day, by a body of infantry, de- 
tached from the militia by Captain Buffington : 
And Parmenter was afterwards tried, and convict- 
ed of treason. 

The period for which the militia were detach- 
ed, having expired on the twenty-first of Februarj^, 



149 

and the troops under the new enlistment not hav- 
ing arrived in any great numbers, the rebels de- 
termined to embrace so favorable an opportu- 
nity of making an incursion into the state, as well 
for the purpose of plunder, as of taking several 
respectable characters, and among others, General 
Lincoln himself. Their prospect upon this occa- 
sion was such, as might have almost insured suc- 
cess, had their motions been properly timed : For, 
in the exchanging of the militia, the General was 
once left widi only about thirty men. But, from 
misinformation, or some other cause, this moment, 
so auspicious to their views, was neglected. On 
the 26th of the month however, a large body of 
them under a Capt. Hamlin, entered the county of 
Berkshire, from the state of New- York, and pro- 
ceeded to the town of Stockbridge. This they 
pillaged at pleasure, and made prisoners of a great 
number of the most reputable inhabitants. The 
militia of Sheffield were collected upon the first 
information of this event, and were joined by those 
of Great- Barrington about one o'clock on the 
27th. The whole, making eighty, were com- 
manded by Col. John Ashley, jun. and after 
marching in several directions, to meet the ene- 
my, they finally returned to Sheffield, and came up 
with them there. The severest engagement took 
place at this time, that happened during the con- 
test. The rebels began a scattering fire at a dis- 



150 

taiice ; whereupon the militia advanced rapidly 
towards them, and the action became general. It 
was warmly supported by both sides, for the space 
of about six minutes, during which time many of 
the government's troops discharged that number 
of rounds. The rebels then gave way, and fled 
in various directions. They left two dead near 
the place of action, and upwards of thirty of 
them were wounded, among whom was Ham- 
lin, their Captain. Another party of militia 
arriving immediately after the skirmish, ena- 
bled the conquerors to take more than fifty of 
the enemy prisoners. The loss on the side of 
the militia, consisted of only two men killed 
and one wounded. Of the former, one was a 
prisoner with the rebels before the action,' and 
probably met with his fate from the fire of his 
friends, by a barbarous practice which his captors 
adopted, of putting their prisoners in the front, as 
w^ell to check the ardour of the militia, from a 
sense of their danger, as to screen themselves. 
But in addition to this loss, ought to be reckon- 
ed, that of two amiable young men and intimate 
friends, whose habits of body were unequal to 
enduring the fatigue of the rapid march which 
this party performed, and who, after languishing 
under the effects of their exertions, died with pe- 
culiar marks of sympathetick grief for each other. 



The lodgment which the rebels cfi'ectcd in the 
neighbouring states, after their expulsion from 
Petersham, besides exposing the Commonwealth 
to a predatory war, which no force could prevent, 
was attended with another \'ery serious evil. By 
their communication with the inhabitants, they 
diffused their principles, and created a partiality 
for their cause, which was said, in one state, to 
have reached the government itself. An inattcn- 
tion to authority, and a lurking disposition to en- 
force popular plans by insurrections, had appear- 
ed in several parts of the continent, and there was 
great room to fear, that a less operative cause than 
the emigration of so many incendiaries, might 
light up the passion, and throw the whole union 
into a flame. Aware of this, as well as of the 
impossibility of conquering a party who could, 
at any time, secure a retreat in other teritories, 
the General Court early requested the Governour, 
to \mte to the Governours of the neighbouring 
states, to offer a reward tor apprehending the reb- 
els, and to take measures for preventing their re- 
ceiving any supplies. But, from one cause and 
another, though his Excellency's letters were re- 
peatedly sent to urge this subject, effectual meas- 
ures w ere no so readily adopted by all the states 
adjoining, as the legislature seemed to exi:>ect. 



152 

Tlie answer from the Govcniour of Rhode- 
Island, on the 15th of February, was indeed the 
first, in point of time, though it can hardly be call- 
ed so, in respect to the prospect which it held up, 
of efficacious measures being adopted by that state, 
for suppressing the rebellion. However, after 
some general observations on the difficulty of cur- 
ing evils in the body politick, he concluded, that 
he would strictly adhere to the Governour's re- 
quest, and do every thing in his power to co- 
operate with him, in supporting peace, order and 
good government. But the authority of Rhode- 
Island was far from taking steps to secure the fugi- 
tives from justice, who publickly resorted there. 
When a motion was made in their assembly, 
(upon the act of Massachusetts for apprehending 
the principals of the rebellion being read) that a 
law should be passed, requesting the Govemour 
to issue a proclamation also for apprehending 
them, if within that state, it was lost b}' a great 
majority : And one of the very refugees was al- 
lowed a seat within their chamber. 

The Govemour of Connecticut, in his answer of 
the 20th of the same month, was much more 
direct and decisive in his assurances of assistance. 
He informed the Governour of the Common- 
wealth, that if the rebels should seek an asylum 



15.1 

in Connecticut, tlicy would be immediately appre- 
hended, and delivered up ; and, in case of their 
rc-assembling, they would be effectually prevented 
fi-om receiving supplies, as the inhabitants of his 
government viewed the rebels with a strong de- 
gree of aversion. In addition to this, he issued a 
proclamation, offering a reward for apprehending 
the rebel leaders, as requested by the Governour 
of Massachusetts ; and, in the month of May fol- 
lowing, the assembly of Connecticut, upon infor- 
mation that certain persons were attempting to 
excite their inhabitants to join the insurgents, pas- 
sed a resolution for apprehending them, and even 
calling out the militia, if necessary, to prevent the 
execution of their evil purposes. This measure 
was attended with success, as the incendiaries 
were, in fact, apprehended and confined. 

The government of New-Hampshire, where the 
legislature were now sitting, pursued every meas- 
ure, which it was thought the powers vested in 
the President and Council would authorize. 
They did not think proper, to admit armed par- 
ties from another state into that ; but the ex- 
isting laws permitted civil officers of other states, 
to pursue offenders there, and by application to 
a magistrate, to ha\ e them apprehended and sent 
into the state having jurisdiction of the offence. 
20 



154. 

They, therefore, directed a Major General, to se- 
cure all armed parties who might come into their 
state ; and a proclamation was issued by their 
President, agreeably to the request of the Gov- 
ernour of the Commonwealth. 

No answers having been received from the 
Governours of New- York or Vermont, the General 
Court, after the incursion into Stockbridge, re- 
quested the Governour, on the 8th of March, to 
write again to the Governour of New-York by ex- 
press, urging him in pressing terms, that effectual 
measures might be taken for apprehending such 
of the rebels as had fled and taken refuge there, 
and removing them to Massachusetts, agreeably 
to the articles of confederation, which declared, 
that the United States thereby entered into a firm 
league of friendship with each other, for their 
common defence, the security of their liberties, 
and their mutual and general welfare ; binding 
themselves to assist each other against all force 
offered to, or attacks made upon them, or any of 
them, on account of religion, sovereignty, trade, 
or any other pretence whatever. And, that if any 
person guilty of, or chargeable with treason, fel- 
ony, or high misdemeanour in any state, should, 
flee from justice, and be found in any of the 
United States, he should, upon demand of the 



155 

Govcrnour, or executive power of the state from 
^vhieh he fled, he cleli\ered up, and removed to 
the state havii^u; jurisdiction of the offence. And 
further recjuesting, that the Governour of New- 
York would permit the forces of the Common- 
wealth to march within the limits of his jurisdic- 
tion, when necessary ; and that all officers and 
citizens of that state might be directed to afford 
them aid, and prohibited assisting the rebels. 

But before these proceedings respecting the 
government of New- York took place, measures 
had been pursued from another quarter, though 
unknown to the General Court, for effecting the 
same object. After the engagement at Sheffield, 
General Lincoln dispatched an express to the Gov- 
ernour of that state, representing the continuance 
and support of the rebels within one district of it, 
and giving information of the incursion which 
took place on the 26th. Upon this commu- 
nication being laid before the legislature, they 
resolved to recommend it to the Governour, to 
repair as soon as possible to the place where the 
insurgents should be, and to cull out such military 
force from the militia of New- York, and to take 
command of any militia that might arrive from 
Massachusetts, and pursue all other legal measures 
he might deem necessary, for apprehending such 



156 

of the insurgfents as might be found within their 
state, and for preserving the peace against their 
designs. And they further signified their consent 
to the Governour's absenting himself from the 
state, from time to time, as exigencies might re- 
quire. Immediately upon this resolution being 
passed, the Governour proceeded to execute the 
design therein expressed. General orders were 
issued, by which a brigade and three regiments 
of the militia, were directed to hold themselves 
in readiness to march at a moment's warning, and 
reasons drawn from the constitutional and federal 
principles, were urged with propriety and force, 
to induce a prompt obedience in the militia, to 
his commands. After an interview with General 
Lincoln, he went on, accompanied by that com- 
mander, to New- Concord, where a number of his 
officers were assembled to meet him. Those of 
the civil department were directed to call on the 
militia of New- York, or on the military officers of 
Massachusetts, for such force as might be neces- 
sary, in apprehending or dispersing the insurgents. 
These decisive measures obliged the malcontents 
to flee out of the state of New- York, and to betake 
diemselves to their last resort in Vermont. 

With respect to that government, the legislature 
had been officiallv informed, That on the 13th of 



157 

Fcbruar)', General Lincoln dispatched Royal Tyler, 
Esq. one of his Aids-de-camp, to request their 
assistance in apprehending the rebel ringleaders : 
That upon his communicating his instructions 
and request in writing, the subject of them was 
put in committee, and a report made for request- 
ing their Governour to issue his proclamation, 
enjoining it upon their citizens, not to harbour 
tlie leaders or abettors of the rebels : That this 
report was accepted by their lower House, and 
sent up to their Council, where there also appear- 
ed eight or nine assistants in favour of it : That 
it would of course, have passed there, but for the 
Governour's objections, which were at first found- 
ed upon his not having given the subject a proper 
consideration, but were afterwards bottomed up- 
on more serious principles : — These were said to 
have been raised from the impolicy of issuing a 
proclamation, which might impede the emigra- 
tion of subjects from other states into that ; and 
the imprudence of opposing the sense of their 
people, who began to assemble in arms, in a 
neighbouring town, and who might create an in- 
surrection, and surround the legislature, unless the 
report was dismissed : That there being no pros- 
pect of Mr. Tyler's effecting the object of his re- 
quest, and the letters from the Governour of Mas- 
sachusetts having arrived, he depLUtcd, with strong 



158 

apprehensions, that the majority of the people ia 
Vermont, were for affording protection to the 
rebels, and that no immediate or effectual aid 
would be granted, in consequence of either. The 
General Court therefore, on the same day, re- 
quested the Governour to write again to the 
Governour of that state also, representing the re- 
ligious and political obligations neighbouring 
states were under, to prevent fugitives from jus- 
tice harbouring themselves within their respective 
territories ; reminding the government of Vermont 
of the liberal principles on which Massachusetts 
had conducted towards them, and of her unwil- 
lingness to entertain a doubt of a different con- 
duct on their part ; informing them of the general 
notoriety, that a number of the leaders, and others 
concerned in the rebellion, had taken shelter, and 
received succour among their citizens, whereby 
not only the inhabitants of Massachusetts, but the 
government of Vermont, was in danger ; that this 
had been represented to them in a friendly letter 
from his Excellency, and although no answer was 
received, yet that the Court conceived, that they 
had a right to expect a ready and full complience 
with the request therein expressed. And further 
requesting the Governour of Vermont, to deliver 
up the rebels who had taken refuge within his 
limits, or to permit the forces of Massachusetts to 



159 

enter those limits, for the purpose of apprehend- 
ing them, and to direct all officers of Vermont, to 
aid them in that purpose. 

Previously however to the passins^ of this 
spirited resolution, the Governour of Vermont is- 
sued his proclamation of the 27th of February, 
and afterwards communicated the same to the 
Governour of Massachusetts, in a letter, containing 
friendly assurances of co-operation in measures, 
for eflectually checking so daring and dangerous an 
evil, as the intestine faction which then prevailed. 

The legislature of Pensylvania, the President 
of which state was also included in the Govern- 
our's letters, shewed a generous compliance \\ ith 
his Excellency's request. On the 1st of March 
they made an addition to the reward ofi'ercd by 
Massachusetts, for apprehending the leaders of the 
rebellion, if taken within their state. Their reso- 
lution was commimicatcd by their President, in 
a congratulatory letter upon the success of the 
measures adopted for preserving a constitution, 
which he was pleased to denominate one of the 
best in the union, if not in the world. 

The General Court also empowered the Go\ - 
ernour, on the 8lh of March, in conformity with 



160 

the constitution, to march the militia raised for 
subduing the rebellion out of the limits of the 
Commonwealth, into the bounds of any of the 
states adjacent, if he should think it necessary for 
that purpose. In addition to a former request to 
the Governour, to write to Congress, to inform 
them that a rebellion existed in the Common- 
wealth, and to request that they would take meas- 
ures for defending the arsenal at Springfield, in 
order that the troops there might be employed in 
other service; they further desired his Excellency, 
to request of Congress, that the federal troops 
raised in New- York and the states eastward of it, 
might be directed, to afford their aid, in appre- 
hending, and, if necessary, in destroying the reb- 
els, in any place within the limits of the United 
States. And that Congress would give to Gen- 
eral Lincoln a commission, under the authority of 
the United States, to march the forces of Massa- 
chusetts into any territory, within the states, for 
the purpose of apprehending their leaders, and 
bring them to justice. 

As soon as the insurgents were subdued within 
the state, and measures taken for precluding them 
a toleration in the neighbouring governments, the 
General Court found it a suitable time for pro- 
viding for the trials of such as were in custody. 



161 

For this purpose, on the 26th of Fchruar)-, the 
Supreme Judicial Court was directed, by law, to 
hold a special session in the disaffected counties of 
Berkshire, Hampshire and Middlesex, the stand- 
ing- laws providing for their sitting in Worcester 
on the last Tuesday in April. And in order that 
the trials should be made by disinterested and 
unprejudiced juries, a law was also passed, recit- 
ing, that whereas the pardon to the rebels was 
granted on condition, that the persons concerned 
should not serve as jurors for three years; and 
whereas it was reasonable to provide, as far as 
might be, not only for the due administration of 
justice, but also for the relief of such persons as 
had been concerned in the rebellion, and who, 
though unwilling to declare themselves criminal, 
might wish to avail themselves of the pardon 
which was, or might be promised : Therefore, it 
it was enacted, that the selectmen of the several 
towns, to which venires should be issued for ju- 
rors within one year, should withdraw from the 
jury boxes the names of all such persons as they 
might judge had been guilty of favouring the re- 
bellion, or of giving aid or support thereto, prior 
to their drawing out the names of the jurors that 
might be called for by the venires. Provided 
however, that if such persons should make ap- 
plication to the town to restore their names to 
21 



162 

the jury box, and could obtain a vote of the town, 
at any town meeting afterwards to be called 
for that purpose, to have their names so restored 
again, the names of such persons should be re- 
stored accordingly. This law further enacted, 
that for the purpose of preventing those persons 
who had been concerned in the rebellion, from 
serving as jurors in trials for treason or misprison 
of treason, in case the attorney for the Common- 
wealth, in the trial of any person for the afore- 
named crimes, should suggest to the court, that 
any persons called to serve on the jury of trials 
had been guilty of favouring the rebellion, or had 
been in any manner concerned therein, or given 
aid or support thereto, if the court, upon inquiry 
of the person against whom the suggestion should 
be made, or upon examination of witnesses, should 
judge that there was probable ground for the sug- 
gestion, it should be the duty of the court to set 
aside the person so objected to, as disqualified to 
serve as a juror, in the same manner as had before 
been practised, in case a juror felt himself preju- 
diced in any cause. 

But, the extent of the rebellion had been too 
general to allow of the indiscriminate operation 
of law. Such had been its prevalence in some 
towns, that when the disqualifying act came into 



163 

force, it scarcely left suflicicnt numbers for the 
necessary offices of the corporation. It therefore, 
became equally an act of humanity and i^oocl 
policy, to iiuent some method for screening from 
the laws, many who yet remained, amonj^ such 
multitudes, obnoxious to the severest penalties. 
With this view the General Court, on the 10th 
of March, appointed three commissioners, whose 
duty it was, upon application made to them, by 
or in behalf of any persons concerned in the rebel- 
lion, and not included in the act of indemnity, 
after due inquiry into their character and con- 
duct, to promise indemnity to them, on their tak- 
ing and subscribing the oath of allegiance to the 
Commonwealth, provided satisfactory evidence 
should be produced in their favour, that they 
were duly penitent for their crimes, and properly 
disposed to return to their allegiance, and dis- 
charge the duty of faithful citizens. And this 
indemnity was, at the discretion of the commis- 
sioners, to be promised with or without any or all 
of the conditions, &c. enumerated in the act 
aforementioned ; and with or without the farther 
condition of the offender's being bound to keep 
the peace, and to be of good behaviour for a term 
not exceeding three years. 

The powers of the commissioners were likewise 
extended, to make remission of the conditions ot" 



164 

the disqualifying act, in whole or in part, to those 
who were entitled to the benefits of it. Provided 
that their attention to those persons, should not 
interfere with the duty first assigned them. 

From the protection of this commission how- 
ever, were excluded four of the rebel leaders, 
Shays, Wheeler, Parsons, and Luke Day, together 
with all persons who had fired upon, or killed any 
of the citizens in the peace of the Commonwealth, 
and the commander of the party to which sucl> 
persons belonged. Also the members of the rebel 
council of war, and all persons against whom the 
Governour and Council had issued a warrant, un- 
less liberated on bail. 

In order to derive every advantage from the ex- 
ecution of this important commission, very respect- 
able and honourable characters were appointed for 
that purpose. These consisted of the Hon. Benja- 
min Lincoln, Esq. the Commander of the army ; 
Hon. Samuel Phillips, jun. Esq. the President of 
the Senate ; and the Hon, Samuel Allyne Otis, 
Esq. Speaker of the late House of Representatives. 

From these measures it was hoped, that tlie 
benefits of pardon would at length be forced, as 
it were, upon many infatuated citizens, whose 
obstinacy had repeatedly led them to reject offers 



1G5 

of mercy with scorn ; while the dcspalcli u iili 
which the necessary examples of justice would be 
made, Avould show their punishment to be the 
immediate and just consequence of their crimes. 

\\'hile the General Court were making this 
liberal provision for restoring the rebels to their 
privileges, they thought it necessary to provide 
some check against feigned converts being sud- 
denly admitted into places of trust. They there- 
fore passed a resolution, directing that selectmen 
and other town oflicers, should take and subscribe 
the oath of allegiance to the Commonwealth. 

Notwithstanding the attention necessary to 
be paid to the suppressing of the rebellion, and the 
defence of the state, the General Court did not 
lose sight of the system of reform begun at their 
last session. They passed the bill for reducing 
the number of terms of holding the Courts of 
Common Pleas and General Sessions of the Peace, 
in the several counties ; and they enacted a new 
fee bill, by which the allowances made to pub- 
lick officers were considerably lessened. They 
also appointed a committee to inquire, whether 
there Vvcrc any real publick grievances under 
which the people of the Conmionwcallh laboured. 
This committee reported but three, which were 
the following : 



166 

" 1st. That suitable provision had not been 
made, for the seasonable and punctual payment of 
the interest due on publick securities. 

"2d. That the Treasurer had not been laid 
under greater restrictions, with regard to the draw- 
ing of orders. And, 

" 3d. That the salary established by law for the 
support of the first magistrate of the common- 
wealth, was higher than was reasonable." 

The last article in this report did not fail to at- 
tract the attention of the legislature. A long de- 
bate ensued upon the subject of it, and the result 
w^as, that the two houses passed a bill for reduc- 
ing the Governour's salary the ensuing year, 
from 1100/. to 800/. This bill his Excellency 
returned, with his objections, founded upon that 
article of the constitution which provides, 

" That as the publick good requires that the 
Governour should not be under the undue influence 
of any of the members of the General Court, by a 
dependence on them for his support; that he should, 
in all cases, act with freedom for the benefit of 
the publick ; that he should not have his atten- 
tion necessarily diverted from that object to his 
private concerns ; and that he should maintain 
the dignity of the Commonwealth, in the char- 



167 

acter of its chief mag^istratc ; it is necessary that 
he should have an honoiu'able, stated salary, and 
of a fixed and permanent \alue, amply siiHieient 
for those pm'poses, and establislied by standini^ 
laws : And it shall be amoni^ the first acts of the 
General Court, after the commencement of this 
constitution, to establish such salary by knv ac- 
cordingly. 

" Permanent and honourable salaries shall also 
be established by law, for the justices of the Su- 
preme Judicial Court. 

*' And if it shall be found, that anv of the sala- 
ries aforesaid, so established, are insufficient, they 
shall from time to time be enlarged as the General 
Court shall judge proper." 

Upon this occasion the Governour by a written 
message asked, Whether, by this article, the right 
of settling the quantum of the salary, was not 
confined to the first General Court, after the com- 
mencement of the constitution ? Whether any 
power was given to any succeeding General Court, 
to alter that quantum, unless it should be insuffi- 
cient ; in which case, it might be enlarged as the 
court should judge proper ? Whether, if it were 
alterable by diminution, by the then General 



168 

Court, it might not, in the same manner, be al- 
tered by the next General Court ; and again fur- 
ther altered by succeeding General Courts ; and 
thus, instead of being established, whether it would 
be any thing more than an annual grant, constant- 
ly subject to variation and change ? Whether, in 
that case, it could be deemed a stated salary ; or 
of a fixed and permanent value ; or established by 
any standing or permanent law ; or could be de- 
pended on as amply sufficient for the purposes 
intended ? And whether those purposes as express- 
ed in the constitution, would in that case be an- 
swered ? 

The Governour disavowed any interested mo- 
tives influencing him to make these objections, 
declaring that should there be a future opportuni- 
ty for it, and the General Court should then think 
the proposed reduction worthy of their notice, he 
would, so for as it might respect himself, consent 
to it, although his annual expenditures did much 
exceed the whole amount of his salary. But, 
that it was not in his power, for the reasons stated, 
nor did it comport with his inclination to dimin- 
ish, or in any way render precarious, the salary of 
his successors. 

These objections were of such force, that thirty 
six onlv, out of sixtv five members in the lower 



169 

House, were in fiivour of passinj^ tlic bill, after 
they ^vcre made : So tliat it was in fact negatived ; 
the constitution requiring two thirds of the mem- 
bers present in both Houses, to give efficacy to a 
measure under such circumstances. 

On the same day, March 10th, the Governour, 
at the request of tlie two Houses, put an end to the 
third session of the General Court, and, as it was 
then supposed, to their further agency in the affairs 
of the Commonwealth, by a prorogation to the 
next annual election. In taking our leave of this 
memorable session, we shall be indulged in ob- 
serving, that the acts of the legislature were direct- 
ed at an object entirely new, and of course, were 
unassisted by precedent. No rebellion had here- 
tofore marked the annals of Massachusetts, either 
under the royal or republican government. Up- 
on the histories of J^ropean nations, a reliance 
could be placed so far only as the genius and cir- 
cumstances of the people of the two hemispheres 
agreed. But who could say, that principles and 
measures which might persuade or terrify the 
mind of the mountaineer of Scotland or Wales, 
would have the same effect upon the unconquer- 
ed spirit of the western inhabitants of Massachu- 
setts ? No less difficulty arose from the divisions 
in the sentiment of the citizens. To ascertiiin 
22 



170 

the course which the publick mind would take, 
required a foresight little short of prophecy. 
Whether that thirst for freedom which the people 
had discovered in the late revolution, would, from 
mistaken principles, decline to an unqualified op- 
position to authority, or whether it would rise into 
a disdainful resentment against the enemies of 
just laws, who are always the real enemies of lib- 
erty, seemed to be reserved for futurity alone to 
determine. The constitution also was recent in 
its standing, and imsettled by practice. To en- 
force it in that point, where the powers of gov- 
ernment begin to encroach upon the most favour- 
ite rights of the subject, was to encounter not only 
the clamours of the discontented, but the jeal- 
ousy of the whole people. 

Under such circumstances, to mark the exact 
point at which force ought to begin, or the exact 
degree to which it ought to extend, exceeded 
perhaps, the calculation of the legislature. But 
if vigorous measure were delayed too long, it 
was an error which arose from too great a con- 
fidence in the operation of reason and reflection 
upon the minds of the insurgents, and from the 
tardiness with which the publick sentiment seem- 
ed at first to recede from their cause. If the penal- 
ties inflicted upon the culprits were severe, it is a 



171 

sufficient apology, if not a justification, tliat they 
were not inflicted until the free, unsolicited par- 
don of government had been twice tendered to 
them, and rejected with contempt ; nor, until they 
had made their appeal to arms, with evident de- 
signs, and no small expectations of conquering 
the government, and overturning the constitution. 
In short, the provision which was made at the last 
stage of the penal system, for checking its opera- 
tion almost universally, when the ends of it should 
be effected by the voluntary acts of the offenders, 
must forever acquit the government, in the minds 
of every impartial judge, from any sanguinary or 
revengeful design. 

In the recess of the legislature, the commission- 
ers for granting indemnity to persons concerned 
in the rebellion, were employed in the mild exer- 
cise of their authority ; whilst the Supreme Judi- 
cial Court were proceeding in tlie no less necessa- 
Tjy though less thankful office, of trying the of- 
fenders. Seven hundred and ninety persons took 
the benefit of the commission. Of those A\ho 
were tried at this circuit, there were six convicted 
of treason in the countv of Berkshire, the same 
number in Hampshire, one in Worcester, and one 
afterwards in Middlesex ; all of whom received 
sentence of death. Besides these, there were also 



172 

large numbers convicted of seditious words and 
practices ; many of whom were persons of conse- 
quence, and some of them in office. Among 
others, a member of the House of Representatives, 
after being apprehended by a state warrant, was 
convicted of these offences, and sentenced to the 
ignominious punishment of sitting on the gallows 
with a rope about his neck, paying a fine of 50/. 
and being bound to keep the peace, and to be of 
good behaviour, for five years ; and this sentence 
was accordingly put in execution. 

The same inclination to mercy, which had in- 
duced the legislature to make frequent acts of in- 
den.nity, was visible in the conduct of the exe- 
cutive branch of government. Out of the num- 
ber of convicts in the western counties, who had 
forfeited their lives to justice, the council advised, 
that two only should suffer death in Berkshire, and 
as many in Hampshire. To the remaining eight, 
the Governour extended a free pardon on the 
30th of April ; and, on the 17th of May, a reprieve 
was granted to their less fortunate companions, to 
the 21st of June following. 

The death of the Treasurer afforded an unex- 
pected occasion, for calling the legislature to- 
gether the fourth time in the present year, UpoQ 



173 

their assembling on the 27th day of April, tlic 
Governour took that opportunity, after the neces- 
sary communications of business, to express his 
wish for retirement, and (alhiding to the turn 
which the votes for the chief magistrate had taken) 
his happiness, that the voice of the people coincid- 
ed with it, as he could not otherwise have indulged 
it, without the imputation of deserting them in the 
critical situation of their affairs. His Excellency 
took his leave of the Court, and conferred his best 
wishes on the Commonwealth ; among other 
things, that the people might have just ideas of 
liberty, and not lose it in licentiousness, and in 
despotism, its natural consequence. 

Nothing material to the rebellion appeared in 
the proceedings of the Court, during this session, 
which continued but nine days, excepting a re- 
port of the commissioners appointed to grant par- 
dons to offenders. The most operative causes 
to which they assigned the late disturbances, were 
publick and private debts, which arose principal- 
ly from an undue use of articles of foreign growth 
and manufacture ; and a delusion with respect to 
the proceedings of the General Court, and the 
situation of things in the different parts of the 
Commonwealth. They also observed, that they 
were obliged in duty to declare, although it was 



174. 

painful to make the declaration, that from the 
representation which had been made, there was 
great reason to believe that too many persons, 
who had been members of the General Court, in- 
stead of giving that information of the reasons 
and principles, upon which the acts and resolves 
of the legislature had been founded, which might 
have satisfied the rational enquirer, and have si- 
lenced the unreasonable complainer, had by their 
conversation and conduct, irritated and inflamed 
the restless and uneasy, and alarmed the peaceable 
uninformed citizen. 

Upon their rising, the court answered the Gov- 
ernour's address. In this, they accorded with 
him in his satisfaction, on the success of the meas- 
ures which had been adopted, for subduing the 
rebellion. They declared that their confidence 
in his Excellency's character, was the dictate of 
real sentiment ; and, expressing the hopes which 
might be entertained from his abilities and vir- 
tues, they plainly dissented from the wish which 
he entertained for retirement : Adding their own 
desire, that he might receive those marks of es- 
teem and benevolent affection, from a grateful 
people, which are the proper reward of distin- 
guished merit. 



175 

The heart of the rebellion being broken, by 
the return of many of its abettors to their allegi- 
ance, and the exclusion of the rest from the state, 
The views of the malcontents became confined 
chiefly to the securing of their leaders, and of those 
who were under sentence of death. They had 
left no expedient untried, to render themselves 
formidable upon a larger plan. Several of their 
leaders had proceeded to the province of Canada, 
to solicit succours from that government ; but 
this adventure was not attended with success. 
Their predatory incursions had been represented 
as preludes to a general invasion, and magnified 
with ostentatious and malignant threats. Their 
weakness however, was too evident to admit of 
their extending their object beyond what we have 
mentioned : But this they pretended to have some 
expectation of effecting, from the piu-don and re- 
prieve which had been granted to the convicts ; 
a circumstance which they affected to construe in- 
to a fear, on the part of the government, to exe- 
cute the sentence of the judicial department. 

The hostilities of the field were succeeded by 
less destructive, though not less determined con- 
tests, at the elections. Every party resorted to 
this source, for constitutional means of effecting 
their wishes. Those who were for preserving the 



176 

dignity of government ; those who hoped to mel- 
iorate the existing system against the rebels, and 
those who were too much wearied with war, and 
too little attached to either side, to look after any 
other objects than the immediate quiet of the 
Commonwealth, by whatever means it might be 
effected, all applied themselves to the elections. 
When the business was over, such alterations were 
made in the representations of to^vns ; such divi- 
sions appeared in the votes for Senators ; and the 
change in the . chair was effected by so large a 
majority, as seemed to indicate a revolution in 
the publick mind. 

Upon the meeting of the new General Court 
therefore, the curiosity and anxiety of the inhab- 
itants were not less raised, than when the con- 
troversy was doubtful in the field. The insur- 
gents had always requested, that the decision of 
their cause might be referred to a new assembly. 
They spoke of them with confidence, as a body 
who would demonstrate, upon the just principles 
of representation, that they were the majority of 
the people. When the returns of the repre- 
sentatives were published, it was in fact found, 
whatever might be the sentiments of the members, 
that about a quarter of them only had been in the 
late House. Several persons who in the war 



\t i 

had been thro\\n into prison as dangerous to the 
Commonwealth, who had Hed from state \\^arrants 
into neighbouring governments, or who liad pre- 
sided in county conventions, and otherwise mani- 
fested their opposition to the h*c ruHng authority, 
were now to be seen on the scats of the legislature. 
Such a reverse of things drew the eyes of all upon 
the new Court, who were viewed with emotions 
of expectation and concern. 

The contest being thus, in a great measure, re- 
moved from the military department, and carried 
into the legislature, where it may be said to have 
begun, the first subject which offered for trying 
the strength of parties, was the filling up of the 
vacancies in the Senate, and the elections of Coun- 
sellors. To guard the Senate against paper mo- 
ney and a tender act, and to give vigour to the 
Council, was the object of one side. To intro- 
duce a spirit of clemency and pardon into the 
Council, on whose vote the lives of convicted 
rebels were suspended, and to incline the Senate 
to popular reforms, was the object of the other. 
In this struggle, though it may not assist us in 
deciding which party prevailed, yet it is a cir- 
cumstance worthy of notice, as expressive of the 
thirst for novelty, which reigned at this time, 
that the Council imdcrMcnt nearly the same 
23 



178 

changes as the lower house ; two thirds of their 
number consisting of persons who had never offi- 
ciated in that station before. 

The great question of means for the final sup- 
pression of the rebellion, did not long keep out of 
sight ; and the insurgents themselves once more 
furnished an incident, for affecting the minds of 
the members with unfavourable impressions to 
their cause. In one of their incursions, which 
happened on the 21st of May, as Mr. Joseph Met- 
calf was returning home, upon a journey, they 
made him their prisoner ; and, on the night fol- 
lowing, they attacked the house of Medad Pome- 
roy, Esq. in Warwick, and captured him also. 
Both these gentlemen, who supported very re- 
spectable characters, and who were generally 
known in the country, were conveyed to places 
without the state. A paper was left at the house 
of Mr. Pomeroy, purporting that the persons tak- 
en were to be reserved as hostages, to secure the 
lives of Jason Parmenter and Henry M'Culloch, 
who were under sentence of death for high trea- 
son ; and that, if these should be put to death by 
the state, the persons then captured, would be put 
to death also, without delay. Such a high hand 
ed system of retaliation, was truly inconsistent 
with the debilitated state of the rebel forces, and 



179 

with a retreat which they held l)y the eourtsey, and 
precarious indulgence of a neii^hbouring state. 
This indeed was soon evinced by the escape of 
their prisoners, not as was supposed without their 
own connivance. 

Whatever expectations the malcontents might 
have entertained, from the great change in the 
elections, the language of the chair, in which 
Governour Hancock was this year replaced, was 
manly and decisive, upon communicating the in- 
tellio-ence of these incursions. His Excellencv 
submitted it to the consideration of the Court, 
whether it would not be absolutely necessary for 
the support and protection of government, to con- 
tinue in service the troops then stationed in the 
counties of Hampshire and Berkshire, for so long a 
time, after the term of their inlistment should ex- 
pire, as they might judge necessar}-, to restore 
peace, tranquillity and security to those counties. 

The committee on this message, reported a res- 
olution for requesting the Governour to raise 
eight hundred men, to be stationed in the western 
counties for six months, unless sooner discharged. 
To this resolution the Senate assented, but after 
it had been once debated in the House, the}- sent 
down an order, in connexion a\ ith it, for raising a 



ISO 

committee to consider the expediency of repealing 
the disqualifying act, and of reporting a bill of 
indemnity, under certain restrictions and excep- 
tions to such persons connected in the rebellion, 
as would take the oath of allegiance to the Com- 
monvvealth within a certain time ; and in general, 
to consider the most effectual measures for restor- 
ing peace and tranquillity to the Commonwealth. 
In the debates upon a concurrence with the Sen- 
ate in this order, the sense and feelings of the 
House began to be discoverable. An attempt 
was made to direct the indemnity to be in discrim- 
inate, without any restrictions or exceptions ; but 
it was not supported by one quarter part of the 
House, which at that time consisted of two hun- 
dred members. It was however, at length, agreed 
that the committee should be permitted to report 
the bill with restrictions and exceptions, or other- 
wise : And in this the Senate concurred. 

Although it was foreseen, that the report of 
this committee would be intimately connected 
with the resolution of the Senate, or perhaps en- 
tirely s^upersede it ; and although one great ob- 
jection to it was, that another pardon did not ac- 
company it, yet the House would not postpone 
the consideration of the resolution, till the report 
was made, but debated upon it until the Senate 
sent for it, and substituted the report in its place. 



181 

During these debates, the Hoiibc, lor the ease 
of some members of the uestern counties, wlio 
were extremely dissatisfied at the delay of the busi- 
ness, unanimously resolved, That tiie end of the 
social compact was to secure the existence of the 
body politick, and to furnish the individuals who 
compose it, wilh the power of enjoying in safety 
and tran([uillity their natural rights, and the 
blessing of life ; and that, therefore, the House 
considered it as their first, greatest, and most es- 
sential duty, not only to take the most effectual 
methods to establish and confirm them ; but that 
they would employ all the powers vested in them 
by the constitution, civil and militar}-, to give per- 
manency and cftbct to these important objects. 

The report of the last committee consisted of a 
resolution for raising a i umber of men, not ex- 
ceeding eight hundred, njr less than five hundred, 
to be stationed in the western counties ; and for 
pardoning all persons concerned in the rebellion, 
upon their taking and subscribing the oath of id- 
legiance on or before the 12th day of September 
following, exceptmg eight, to whom the Senate 
added a ninth. 

In debating the report by paragraphs, the fa- 
^ourite measure of introducing a general pardon 



182 

was again, for the last time, attempted, but without 
success, as out of two hundred and fourteen mem- 
bers, ninety-four only were in favour of it. The 
same fate attended various motions for lessening 
the number of the excepted persons ; and on the 
question of concurrence with the Senate, in ac- 
cepting the report, the long disputed superiority 
fell to the advocates for the measure, by a major- 
ity of eight. The legislative opinion was thus 
at length decided, respecting the means of sup- 
pressing the rebellion, a subject which had drawn 
speculations and conjectures from every quarter 
of the community. 

Notwithstanding this important determina- 
tion for the support of coercive measures, similar 
to those of the late government, the proceedings 
under that authority were held up as disgustful 
to the present House ; and a committee was rais- 
ed on the 14th of June, to bring in a bill to re- 
peal the law for suspending the privilege of the 
writ of Habeas Corpus, and the clause of the law 
requiring town officers to take and subscribe the 
oath of allegiance ; although the former of these 
laws was to expire on a day so near, the first of 
July following, as to admit of little more than 
time, for the necessary ceremonies of enacting the 
bill proposed. This proposition, however, fell 



183 

through from ob\ ions reasons, and \\as aftcr- 
Avards openly renounced by its advocates. 

On the 29tli of June, in consequence of a mes- 
sage from the GoveiTiour, liis Excellency was re- 
quested to make known to the states, who had 
adopted measures for aiding the exertions of gov- 
ernment to suppress the rebellion, the just sense 
which the legislature entertained of their friendly 
disposition ; and to request permission of those 
with w hom any of the rebels had taken refuge, to 
march the troops of ^lassachusctts into their lim- 
its, for the purpose of destroying and conquering 
them. And the Governour was empowered to 
raise or detach such force, as might appear to him 
to be necessary for that purpose, and to maixh 
them out of the state accordingly. The legisla- 
ture also declared it as their determination, that 
no further acts of grace and clemency could be 
made, to any persons \vho might be in arms against 
the government, consistently Mith the dignity 
thereof, and with that safety and protection, which 
ought to be extended to the peaceable and A\ell 
affected citizens of the CommonwealtJi. 

The resolution for pardoning persons concern- 
ed in the rebellion, being found to extend only 
to the crime of treason, another Avas introduced 



184 

to include seditious practices. But one side of 
the Court contended, that the costs of prosecu- 
tion which had arisen, should be paid by the 
Commonwealth, while the other thought it but a 
reasonable condition of the pardon, that they should 
be paid by the culprits. Having been milch divid- 
ed upon this point, they finally agreed upon a reso- 
lution, in general terms, that until the end of their 
next session, no pro ejution should be commenced 
or proceeded on, for sedition or seditious practices. 

The eye of the General Court was still fixed 
upon reforms, and a reduction of the Governour's 
salary, began again to be agitated. But his Ex- 
cellency effectually checked all further debates 
upon the subject, by a message, in which he vol- 
untarily offered 300/. of his salary for the present 
year, to the community ; suggesting at the same 
time, that when the future situation of affairs should 
be less perplexed, he hoped it would not be con- 
sidered as a precedent to affect any successor in 
office ; nor be viewed in any other light, than that 
of contributing, as far as in him lay, to relieve the 
burdens of the people. 

To this message both houses returned their 
thanks ; applauded the patriotism and generosity 
of his Excellency ; and accepted the proffered 



185 

donation. They added, that they wished it not 
to operate as a preeedcnt to influence any success- 
or in office ; but that the constitution:ility ol' the 
question of lessening the sahuy, which the Gov- 
emour had asserted to be uncertain, would with- 
out doubt, claim the attention of the legislature 
when they should think expedient. 

The usual conditions of coercive measures for 
suppressing the rebellion, were complied with. 
The tender act was continued, and a committee 
was raised to consider of a more convenient place 
for holding the sessions of the General Court. A 
motion was also made for appointing a committee 
to consider the expediency of issuing paper money ; 
but this was lost, by the opinion of one hundred 
and three members out of one hundred and fifty. 

The supplies for the troops being granted, 
though not without opposition, the session of the 
General Court was finished on the 7th of July. 
Their measures, though eflfectcd with less una- 
nimity, were by no means so different from those 
of their predecessors, as appearances seemed to 
predict. They raised forces, granted supplies, 
indemnified offenders, and redressed grievances 
much in the same manner, as had been done for 
two sessions before. This uniformity of system, 
tended greatly to annihilate the expectations of 
24 



186 

the malcontents, who presumed that a change of 
men would have produced a more adequate change 
of measures, with respect to their affairs. 

The legislature having thus provided the ne- 
cessary means for finally extinguishing the rebel- 
lion, the publick cause of course, devolved to the 
Supreme Executive, whose duty it became to put 
those means into exercise. As soon as a suitable 
number of troops were inlisted, the great question 
respected the fate of such of the rebels, as, after 
trial and conviction, were under sentence of death. 
On the one hand, to suffer such high crimes as 
they had committed, to pass away without pun- 
ishing the offenders, seemed to be frustrating the 
ultimate designs of justice ; to be making the 
situation of the guilty less ineligible than that of 
the innocent persons who had fallen in the cause 
of the country, and one of whom had been killed 
by a convict, whose case was in question ; it seem- 
ed to be removinsr the srreat barriers which the 
laws had set up for the preservation of the body 
politick, by lessening the terrors annexed to the 
boldest attempts upon its existence, in rendering 
the punishment of offenders uncertain : The 
motives of mercy also, were liable to be miscon- 
strued by the party still in arms on the borders 
of the state, who, naturally desirous of increasing 
their consequence, would ascribe that to a fear 



187 

of their pitiful inroads and robberies, which 
would be the result of infinitely superior prin- 
ciples : This, instead of introducing trancpiiliity, 
might lead them to attempts, which they would 
otherwise realize to be beyond their power. On 
the other hand, the low state of the rebellion, 
made severe and sanguinary measures less necessa- 
ry than e\'er to its extinction ; and to punish 
when the evil was removed, which it was the prin- 
cipal design of the punishment to remedy, would 
appear more like revenge in government, than the 
dispassionate exercise of justice. The convicts in 
question, though aggravatedly guilty, were not 
however, those leading characters which had most 
attracted the public attention ; and if made exam- 
ples, would excite a degree of pity in the minds of 
the people, from the obvious reflection that the less 
guilty were overtaken by the laws, while greater 
ofienders escaped unpunished. Above all, the sav- 
ing of life was an object truly desirable, and to 
give place to nothing but the safety of the Com- 
monwealth. 

Under such circumstances, the Supreme Ex- 
ecutive determined upon a middle line of conduct ; 
and on the 16th of June reprieved the convicts 
until the second of August following ; thereby re- 
taining the security which the govenmient had, 
by the possession of the prisoners, for the pacifick 



188 

conduct of their associates without the state, on 
the one hand ; and avoiding furnishing them with 
any new pretence for hostilities, on the other. In 
the warrant of reprieve, the cause of it was declar- 
ed to be, the necessity of further time, as well to 
discover whether the lenient measures adopted by 
the General Court, would have the happy conse- 
quences which they were intended to procure, as 
to determine whether spirited, decisive and forci- 
ble measures would be necessary to support the 
government, and protect the citizens in that secu- 
rity, which they were entitled to have under the 
constitution. A plain intimation to the malcon- 
tents, that their peaceable behaviour would save 
the lives of their brethren. At the same time 
that a reprieve was granted to the prisoners in 
Hampshire, the Sheriff of that county was ordered, 
not to open his directions, until the criminals had 
arrived at the gallows ; ,by which means, the usual 
preparations for the execution were attended to, 
and the ability of the government to carry the 
sentence into effect, fairly demonstrated. 

The reasons which operated to induce this re- 
prieve, grew every day more influential ; and were 
thought sufficient to justify a further reprieve, for 
four of the convicts, to the 20th of September. A 
full pardon was at length granted to a like num- 
ber, among whom were Parmenter and Shattuck, 



189 

on the tuTlfth of llic same month. Of three who 
were eonfined in the county of Berkshire, two ef- 
fected their escape ; and the other, who was con- 
victed in October, was favoured with a commuta- 
tion of his punishment, to hard labour, for the 
term of seven years. 

The military operations of the insurgents, dur- 
ing the summer, were not of sufficient consequence 
to be particularly mentioned, consisting rather of 
private robberies thank publick hostilities. So se- 
cure was the state from any attacks on the 13th of 
August, that the Governour reduced the troops to 
the number of 200. And on the 12th day of Sep- 
tember following, he had the high satisfaction of 
announcing peace and tranquillity to the whole re- 
publick, by ordering the discharge of all their forces. 

If any thing were wanting to complete the suc- 
cess of the measures of go\emment, with respect 
to those deluded citizens who were concerned in 
the insurrections or rebellion, it was furnished 
from the voluntary concessions of the criminals 
themselves. The hardiest of them at length im- 
plored, with the most humble contrition, the mer- 
cy which they had so often rejected. Among 
others, Shays and Parsons, in the months of Febru- 
ary 1788, preferred their petition to the late le- 
gislature. In it they declared themselves to be 



190 

penetrated with a melancholy sense of their er- 
rours ; they averred their penitence and plead 
the misfortunes to which they had been personally 
exposed, in the course of their unhappy opposition 
to government, in expiation of their misconduct. 
They gave assurances, that their future behaviour 
should evidence their sincerity. In extenuating, 
they wished not to appear to justify their proceed- 
ings. They saw, they felt, and they owned that 
they had long felt the effects of their temerity, 
and they would never cease to regret their not 
having trusted for relief, to the wisdom and in- 
tegrity of the ruling power. Whilst they ac- 
knowledged their errours, they entreated the le- 
gislature to believe, that these proceeded from mis- 
apprehension, and not from an abandoned princi- 
ple. They had been obliged, they said, to seek 
an asylum far from their friends and connexions, 
in a state of exile from their country ; yet, what- 
ever had been suggested to the contrary, they had 
never combined with the secret^enemies of Amer- 
ica, if any such there were, to subvert her liberty 
or independence. If it should be thought neces- 
sary, that they should be held up as examples of 
suffering, to deter others, still enough had been 
done even for that purpose, as there was scarcely 
an inconvenience or misfortune which they could 
not number in their distresses. If these circum- 
stances would not avail, they brought into view 



191 

their friends, their w ivcs and tlicir children, who 
were innocent, and who, by their pardon, ^vould 
be bound by new tics of gratitude and afl'ection 
to the government : They declared that, in ask- 
ing to be restored to their lost rights, they were 
not influenced by the fear of punishment, but by 
a wish to demonstrate the sincerity of their refor- 
mation, and to add to the instances, already so 
conspicuous, of the clemency of the court. 

A disagreement in opinion between the two 
Jiouses, prevented the legislature from coming to 
a decision, upon this and many other similar pe- 
titions, ^vhich were before them. They were 
therefore, of course, left for the consideration of 
their successours, who, on the 13th of June follow- 
ing, passed a resolution, for justifying all officers 
and others, who liad apprehended suspicious per- 
sons who had used property, or who had entered 
into and quartered troops in houses, in order to 
suppress the insurrections and rebellion, or pre- 
serve the publick peace, or safety of government ; 
and for indemnifying all gaolers and sheriff's from 
whom prisoners had escaped, or who had been pre- 
vented serving executions, by reason of the re - 
bellion. 

This conciliatory resolution also provided for 
the indemnifying of all citizens who had been 



192 

concerned in the insurrections and rebellion, not 
convicted thereof, except against private suits for 
damages done to individuals, on condition of 
their taking and subscribing the oath of allegiance 
to the Commonwealth, within six months after 
the date ; and, with respect to the nine persons 
excepted from the indemnity of the 13th of June 
1787, on the further condition, that they should 
never accept or hold any office, civil or military 
within the Commonwealth. 

Thus was a dangerous internal war finally sup- 
pressed, by the spirited use of constitutional pow- 
ers, without the shedding of blood by the hand of 
the civil magistrate ; a circumstance, which it is 
the duty of every citizen to ascribe to its real cause, 
the lenity of government, and not to their weak- 
ness ; a circumstance too, that must attach every 
man to a constitution, which, from a happy princi- 
ple of mediocrity, governs its subjects without op- 
pression, and reclaims them without severity. 



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